A Study On State Ownership Of Natural Resources Under The Background Of Ecological Civilization

Building ecological civilization system is an essential part of the construction of ecological civilization, and a fundamental guarantee for the success of ecological civilization as well. Advancing the reform of property right system of natural resources, especially the sound and perfect system of state ownership of natural resources, is a basic task of building the system of socialist ecological civilization.The system of state ownership of natural resources is a design for building up the system of natural recourses ownership by our constitution and law. It conforms to the consistent position of the construction of ecological civilization, harmonious coexistence of human and nature, as well as the theory of state ownership stated by Marxism. At the meantime, the system, which is the basis and source for developing, utilizing and preserving our natural resources, has rich theoretical basis and important practical significance in China. It is a historical necessity for us to choose the system of state ownership of natural resources, while improving and perfecting this system is the requirement of the age to construct the system of ecological civilization.The state ownership of natural resources refers to the right enjoyed by the nation to occupy, use, profit and dispose of the natural resources that belong to it. Nation is the subject of the state ownership of natural resources."Owned by the nation" and "owned by people" have their internal consistency, because the term itself is an abstract concept, and the right should be exercised by "government", the representative of the nation. The features of natural resources, like its finiteness, rareness and property, indicate that they have the feature of the "object" and qualified for the name of "property object". State’s control of natural resources is the core of state ownership of natural resources. However, the right of domination is an abstract right, which is embodied by the enforcement of nation’s occupation, use, revenue and disposal of the natural resources, which make up the basic content of state ownership of natural resources.The perfection of state ownership of natural resources should accord with the general requirement of the construction of ecological civilization and integrate into the overall construction of ecological civilization system. In the course of perfecting this system, it is useless to debate on whether the state ownership of natural resources is public power or private right, or content with the criticism of academic principle of state ownership of natural resources. It is imperative for us to find out the dilemma of the system of state ownership of natural resources, focusing on the basic requirements of heading for the new era of socialist ecological civilization, and aiming at clearly defining the roles and functions the government and the market play in enforcing their right of state ownership of natural resources. Giving full play to the respective functions and effects of constitution, law, administrative regulation and local regulation in order to construct and satisfy the operating system of state ownership right of natural resources.In conclusion, the perfection of the system of state ownership of natural resources under the background of ecological civilization involves both maintaining the legitimate rights and interests of the nation as the owner of state ownership of natural resources and ensuring the basic rights of a natural person to use the natural resources. In other words, in order to perfect the system, the natural resources should be explored and utilized effectively, and the ecological environment human beings depend on for survival should be fully protected as well.