System Research Of The Right To The Use Of Natural Resources

Civil Law mainly regulate the relationship of real right resulted from the use to land. With the extension of depth and span in respect of development and exploitation of natural resources by human society, the negative externality of development and exploitation of natural resources became increasingly apparent, which is hard to be eliminated by traditional system of administrative management by way of order and control, so it is necessary to set up a sort of effective internal excitation mechanism to utilize resources. Whereas real right system is foundation and premise of internal excitation mechanism, real right law aims to protect natural resources by means of regulating and guiding exploitation activity of natural resources. Owing to natural resources having been placed under public ownership in more and more countries, exploitation system of natural resources mainly registers as system of right of exploitation in which nonowner develops and exploits natural resources,so system of right to use natural resources is merely probed in this paper. That natural resources law first regulate all kinds of system of right to use natural resources except land-use right is not enough, as a legal norm prescribing attribution and exploitation of res, real right law should respond to it. Real right law must consider built-in characteristic of natural resources and pay attention to communication and coordination with natural resources law.This paper is divided into six chapters.The opening chapter first analyzes meaning and nature of right to use natural resources. After comparing and analyzing all sorts of theoretical views of right to exploit natural resources,concept of right of use to natural resources is chosen to be applied, but traditional connotation of right to use natural resources must be transformed. Transformed right to use natural resources pay more attention to ecologicalization and balance of rights and duties regarding content, extend scope of object of right to use natural resources regarding object, emphasize all kinds of subject equally enjoy right to use natural resources in conformity with the provisions of law. Thus, transformed right to use of natural resources is right that natural person, legal person and other social organization is entitled to possess, utilize and seek profits from natural resources not owned by them. After analyzing subject, content and object of natural resources, it shows that acquisition of administrative licensing and more restriction of public law of right to use natural resources can’t change its private property. Right to use natural resources is usufruct in essence. However,right to use natural resources is really different from traditional usufruct aiming to achieve maximum economic value, these differences should be viewed as the enrichment and development of usufruct system. Natural resources should be the object of right to use natural resources. Property of natural resources is starting point and internal decisive factor of structuring system of right to use natural resources. Natural resources is referred to some natural substances which may be controlled, dominated and specialized by human power and meet certain needs of human under the linguistic context of right to use natural resources. Naturality, value, sociality, globality, relativity and attribute of public goods is the foundation and starting point of structuring ownership system of natural resources. As res, characteristic of natural resources challenges traditional theory of object of real right, some traditional viewpoints such theory of real right as object of real right should be things corporeal and specificality, independence, value and disposable property of res and so on should be newly interpreted and even modified.Chapter Two approaches system of right to use natural resources which is constituted by different kinds of right to use natural resources by classification. On the basis of analyzing civil law and system of right to use natural resources in natural resources law, it points out that, in respect of right constructions, traditional classification of right to use natural resources fails to precisely disclose intrinsic quality of all kinds of right to use natural resources, which will make research and legislation of right to use natural resources chaos. Right to use natural resources should be divided into two types:non-access type and access type according to whether the result of exercise of rights acquire right to use natural resources. The globality of natural resources and dispersivity of legal norm easily make all kinds of right to use natural resources influence each other and contradict, so coordination of all kinds of right to use natural resources should be observed.Chapter Three approaches ecologicalization of right to use natural resources in the present age. After analyzing anthropocentrism and eco-centrism, it points out that eco-humanism should be the ethical basis of system of right to use natural resources. Ecologicalization of right to use natural resources in the present age should include ecologicalization of subject, object, content and exercise style.Chapter Four approaches restriction of public and private law of right to use natural resources and balance of interest. Limitation of right includes external limitation and internal limitation. Because our law didn’t clearly confirm private property of some rights to use natural resources, it is very important to institute private property of right to use natural resources, protect private right and culture right consciousness.It is a wise choice for our law to respect private right and externally limit right according to law on the basis of standard of right. Restriction of right to use natural resources includes restriction of private law and public law, the former restricts it in respect of adjacency relation, easement and right should not be abused and so on, the latter restricts it in respect of environmental protection, planning management and collection system of natural resources. Balance of interests among individuals, private interests and public interests, inter-generational interests should be observed when restricting right to use natural resources.Chapter Five analyzes internal cause of function of right to use natural resources in China, considers that, in modern China, such problems as functions of rational configuration of natural resources and improvement of exploitation efficiency of natural resources fail to be sufficiently unleashed result from various internal cause, for example, unknown nature of right to use natural resources ever since a long time ago, lack of communication and coordination among laws governing right to use natural resources, lag in idea of value of natural resources, deficiency of interrelated institution of right to natural resources, etc.Chapter Six approaches institution reconstruction of right to use natural resources in China. On the basis of analysis of traditional natural resources value, it puts forward that natural resources value based on sustainable development should be established and considers that when our right to use natural resources is to be reconstructed, such principles as combination of integrity principle and differentiation principle, ecologicalization, sustainable use and coordination of rights and duties should be observed, that such concrete systems with regard to right to use natural resources as modernization of object of property right, three-dimension, categorization, ecologicalization, coordination of rights and duties, circulation, standardization of registration institution and rationalization of institution of expropriation and compensation should be implemented.