Fishing right is easily to be damaged by water pollution and engineering construction,water conservancy and hydroelectric power plant,shipping,sand quarrying,inning,marine and coastal engineering and other human activities in waters,which caused destruction or degradation of spawning grounds of fish stocks and other key ecological function regions.For the purpose of protecting fishing right,it’s provided in the part of Usufruct Right of Property Law of the People s Republic of China,that the right to use water areas or tidal flats for fishing shall be taken under the protection of law.However,it is extremely difficult to carry out the fishing right protecting directly according to the Property Law and current fisheries regulations and fishing management systems in China,because of the lack of fishing right protection regimes.In this paper,based on comparative analysis of the provisions relative to fishing right of Real Right Law,Fisheries Law and other fisheries regulations,and review of the causation of the damage to fishing right,the fishing right protection regimes are suggested as follows:(1) The marine and inland water fishing grounds which are connected with the land from the marine motor fishing vessels’ bottom trawl closed area line would be divided into small fishing ground on county level or even lower administrative level,which would be exclusively allocated to the traditional fishermen.Each of the small grounds would be used exclusively by the traditional fishermen organization which is established on the county level or lower,and would be managed under this fishermen organization.So the subject and object of the fishing right would be defined,which is very important to the establishment of fishing right regimes.(2) For the purpose of improving and perfecting the compensation and indemnity system of the damages to fishing right,assessment system of the damage to fishing right should be established,and the standards and procedures of the compensation or indemnity for the damage of fishing right should be formulated.