| Nowadays, whole world pay close attention to the rational settlement of sustainable development----this great subject. As important irreplaceable physical fundament of the social & economic sustainable development, the sustainable utilization of natural resources determines the course and speed of the sustainable development of a society. However, the typical "environmental goods", including clear air, water and wild animals, are excessively being used, or even abused, which is the basic environmental problem of current society. A lot of cases focus on one problem: how to impose best restrictions on natural resources utilization, in order to guarantee long-term economic value and ecological value. Therefore, how to soundly allocate natural resources in competitive purposes, is a key problem faced by all countries. But, solving this problem is more meaningful to China, a country having 1,300 million populations. Because in China natural resource is relatively scarce, yet people have more demands at the same time. China will face a series of severe challenges in the future during advancing sustainable development strategy, among which counter conventional using of resources and deterioration of environment together will make the inter-action of society and nature become the prime problem in the process of constructing harmonious society. China's government attaches great importance to proper settlement of this problem. The 3 rd plenary session of 16th National Congress of the CPC proposes scientific value of development, in order to harmonize relationship between people and nature. The scientific value of development not only clearly proposes fundamental requirements but also supplies scientific value of world and methodology to the innovation of legal system. Moreover, scientific value will play a leading role in rational innovation of China's property system of natural resources.In a real world, a complete competitive market does not exist, while high cost of trade is in existence forever, and a perfect environmental protection goal cannot be achieved automatically. The using patterns depend on the property allocation of natural resources. The theory models, such as "the tragedy of the Commons", all try to make clear that the natural resources property allocation obviously effects thespeed of natural resources prostration. The improper allocation of natural resources property is a typical external origin, which will cause misusing or extraordinary using of natural resources. In current society, how to standardize usage of natural resources, and guide people to respect natural rules and use natural resources sustainablely, is a problem that must be envisaged and solved during the course of establishing natural resources property system. With the deepening of socialistic market economy system, several rounds of amendments to the living constitution make systematic room for natural resources property system, while many theoretical problems have been presented during the current work of legislating China's property law. Nevertheless, the level of China's theoretic research on natural resources property is very low. Even limited researches mainly focus on the individuality of natural resources property of different categories, and most of them are confined to analysis in private law angle. At the same time, there is little research on natural resources property system, which is a chief problem of China's property legislation. In this paper, the author will consider China's natural resources property system in a sustainable development angle, and to constitute China's natural resources property system in macro aspect. With the help of relative theories coming from environmental economics and ecology and so forth, by using positivism methodology, historic methodology and comparative methodology, this paper will explain why China's natural resources property system should be reformed, what kind of reform is proper, and how to carry out this innovation.This paper is composed of 4 parts.' Firstly, the dissertation begins with problems existing in practical world. Quite a few analysts believe that only if it was totally privatized or under power control, we could get rid of the tragedy of the Commons. As to discussion over low efficient utilization of natural resources in China, the crux is the deficiency of ownership. The problem is, however, disadvantages not only exist in power control, but also obviously exist in privatization, privatizing nature resources is not the very way to solve the problem. In practice, since 1970s, environmental administration of command & control became the primary method in many countries, where the situation has been much better than before, when there was no measure at all. But, the amazingly large gap between cost and income, and even more seriousdeterioration of the environment raise public doubt on the avail of environment administration system, then the positive effect on environment protection exerted by ownership system comes to the focus again. What should be pointed out, history process of environmental problem have proved the failure of traditional ownership system in this tough task, modern natural resources property system should include the ideology of ecological integrity. Theoretical research can not be limited in private law. The legislation of property brings about a series of problems, such as ownership of nature resources, the scope of natural resources property object, and how to " virescence " China's property law, which shows the deficiency in present research in property theory.Secondly, the article investigates present China's natural resources property system in the perspective of sustainable development, scrutinizes its effectiveness, tries to explore the reason for its failure in environmental protection. The reform of China's natural resources property system now steps in a rough stage, although in the right direction, it can not avoid phenomenon going astray from sustainable development. Fragmentation of natural resources property and abuse of public interest manifest the failure of natural resources property system in natural resources protection, serving as an obstacle in cultivating mature natural resources market, and becoming a crucial cause for effectiveness diminishing. There are three factors contributing to the failure of China's natural resources property law system in natural resources protection: divergence of natural resources economic value and ecological value, malposition of government intervention, and destruction of natural resources ecological integrity. As the deterioration of natural resources shortage problem, property system which merely focuses on economic value will give rise to short-sighted phenomenon in natural resources exploitation. Malposotion of government in environmental protection leads to intervention malfunction, and the lack of natural resources administration strengthens the conflicts among property systems of natural resource elements.However, theory is the guide for practice. Systems are built upon the theoretical basis. Therefore, the dissertation gives stress on how reform of theory pushes reform of traditional property theory. The foundation of natural resources property system theory mainly includes: property right theory, externalities theory, state interventiontheory, labour theory of value, utility value theory, and sustainable development theory. There are two elementary theoretical patterns in property theory : western economic property theory and Marx's economic property theory. The former one focuses on private ownership, sees it as a microcosmic and independent economic conception, utilizes the analysis tool, such as transaction cost, emphasizes the relationship between property arrangement and economic efficiency. But due to its false macroscopic position, lack of the support of materialistic historical values, it can not deeply dig into the essential of property right. The later one applies integrity ideology to ownership, denies the eternal rationality of private ownership, considers it as a legal presentation of production relations, believing that the origination and evolvement of ownership is a natural historical process. Therefore, it is lopsided to analyze China's natural resources property system in the perspective of western economic ownership theory. Externalities and government intervene theory provide a theoretical foundation for analyzing faulty market and faulty government. Externalities theory can be applied to analyzing a lot of environmental deterioration. In the natural resources fields, ubiquitous adverse external behaviors provide full reasons for government to intervene. However, government intervene is a double-edged sword, so it should be more sensible. Value theory exerts a profound influence on natural resources property system. When traditional theories such as labour theory of value are applied to the object of natural resources property, the understanding and evaluation is commerce-oriented, utilitarian, and subjectively random. To the contrary, sustainable development, which conceives a novel value pursuit, specifies the ultimate goal of natural resources ownership reform, providing broad theoretical and political basis. Upon the base of investigation of the increasing scope of natural resources object, this dissertation analyzes the three basic legal characteristics of the natural resources as property object: utility value, scarcity, and domination, breaks the durance of traditional property theory, rebuilds the natural resources property system, puts land, air, and biological diversity into the area of natural resources object, analyzes the differences between natural resources and the object of traditional civil law object in the perspective of conflict and concert of private interest and public interest, partial interest and integrating interest, and interest inside generation and between generations.Last but not least, this paper proposes the goals and detailed suggestions to the innovation of China's natural resources property system. The goals are delivered as follows: making up insufficient functions on environmental protection, guiding citizens and government organs to consider problems in a long-term foresight and respect natural rules, and spurring citizens to become an important power in achieving the sustainable utilization of natural resources. This paper sets down detailed plan based on China's actual situations of a country. And it proposes that this innovation should treat market allocation of resources as its goal, make achieving public ownership of natural resources as its main point, and focus on promoting transaction on the right of using natural resources. In order to fulfill the reasonable primary allocation of natural resources, besides making clear the property's connotation, what must be do is to define natural resources demanding framework, to introduce new ideas of environmental protection, and to put the priority to needs of ecological environment. And meanwhile, the disadvantaged group should receive more attention, and we should consider all kinds of natural resources allocation and their inter-actions systematically, and then make an overall arrangement. Furthermore, the interference of government must step aside properly to narrow the scope of intervention. Property statutes should regulate some matters that are originally regulated by environmental administrative statutes; therefore the government intervention pattern that centers on economy booming will be transferred into another pattern. By "ecologfing" the industrial policy, the government can combine environmental management and industrial management of natural resources together, and by taking some economic measures, such as financial and subsidiary measures, the government can stimulate individuals to invest on the ecological environment construction.
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