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The Constructing Of The Property Rights System Of Natural Resources

Posted on:2017-04-29Degree:DoctorType:Dissertation
Country:ChinaCandidate:Y WangFull Text:PDF
GTID:1316330512458305Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
This paper summarizes the main problems existing in our country's current system through researching on related theory and practice of property rights of natural resources of China. The main problems are:emphasizing nominal state ownership but lighting resources protection virtually, emphasizing static state ownership but lighting dynamic resource circulation, and emphasizing state intervention but lighting market regulation of private law. These problems result in serious consequences such as severe environmental pollution, serious waste and destruction of resources, low benefit of social and economic, etc.. The main causes of the problems are that business resources and public welfare resources are not distinguished effectively, public management and business management are not distinguished effectively, market's decisive role in resource allocation hasn't acted adequately, the owner's absence of the state ownership, and natural resources' ecological value is not included in the value of the resources rights system, etc.. This article proposes to construct the property rights system of natural resources which is opening and multiple aimed with clear right attribute and ownership, normative business order, the rational allocation of resources, realizing the social justice and sustainable development based on the basic analysis.The first focus of this article is to construct property rights system of natural resources with the implementation model of resource allocation by market through the study of the classification of public welfare and business natural resources of state (the public property and private property). This requires to show the economic value and ecological value of natural resources adequately in the market. At the same time, the resource allocation by market cannot be separated from the clear right attribute and ownership and normative business order which should be based on the legal safeguard. Moreover, the public welfare natural resources realizing its largest social service function should be based on the clear rig attribute and ownership. The second focus of this article is reconstructing the current property rights system. We should define the "property right of the natural resources which can be excavated "to be the "resource products mining right" in order to restore the nature of the right and show the resource value in the resource products. The third focus of the article is constructing opening and multiple property system which includes the rights of natural resources conservation easement, dumping and carbon emission permit whose rights are related to the ecological value of natural resources.The first chapter mainly discusses the basic theory of natural resources. First of all, the article defines the concept, scope and type of natural resources, analyzes the common characteristic of resources and natural resources which is the scarcity. Secondly, this chapter analyzes the social value and economic value of natural resources. The social value of natural resources is to provide material insurance to human, so that, people can pursue science, technology, spiritual culture and political ideal composed with democracy, equality, freedom. The economic value depends on the scarcity of natural resources which determined that we should use the market rules fully in order to realize the effective utilization and protection of natural resources. Under the market economy, the market should play a decisive role in the allocation of resources, and it should be based on clear property rights system. Thirdly, this chapter analyzes the origin, development and type of natural resource property rights, especially focuses on the property rights system from Roman law to Common law system, which lay the foundation of our country's property rights system of natural resources.The second chapter summarizes the main problems of the property rights system of natural resources and analyzes the reasons. We get the direction of the reform based on the analysis. Firstly, we need to clear the owner and the manager of state natural resources in order to perform its own functions. Secondly, to perform different legal systems according to the public welfare and business natural resources. Thirdly, to give full play to the decisive effect of market mechanism in the resource allocation. Fourthly, to bring the value of ecological into the value system of natural resource.The third chapter summarizes the target of the constructing of our property rights system of natural resources firstly, mainly including clear right attribute and ownership, normative business order, the rational allocation of resources, and realizing the social justice and sustainable development. Secondly, this chapter analyzes the three principles of constructing of natural resource value system:the principle of combination of economic and social benefits, the principle of resources allocation by market and the principles of sustainable development. Thirdly, this chapter analyzes the construction of the value system of natural resource based on the classification:the true ownership system, opening and multiple system of the rights of using, and new property rights related to the ecological value of natural resources.The fourth chapter deeply analyzes related theory problems of constructing of the property rights system of natural resources by studying on typological research. Firstly, to explain the positive significance of the classification between the public welfare and business natural resources. Because there is no-classification in current system, it leads to many environmental issue and resources destruction. Secondly, to analyze the state ownership and state ownership of natural resource, it clarify that state ownership of natural resource has both public rights and private rights attribute, and the state could be the owner of natural resources. So the reform direction is to bring natural resources into market actually to realize the resources allocation by market, and make the public natural resources return to its essential characteristic. Thirdly, to put forward the concept of "resource products mining right" through the study on the natural resources which can be excavated. Fourthly, to study the reasons of the problems in collective natural resources rights and clarify the collective the rights of natural resources can be effective implemented only exactly respect and protect farmer's resource benefits. Fifthly, to define the concept of the rights of natural resources in theory which are extensively used now, and think we should clearly define that the rights of nat resources is just the property rights of natural resources by borrowing reasonable facts from Economics and the concept of property rights of Anglo-American Legal System.The fifth chapter studies the implementation model of constructing of natural resources property rights, that is:to adhere to the market allocation of resources, at the same time, clear property rights structure is the system guarantee of the market allocation of resources, and the market allocation of resources must be carried out by the law. Secondly, the chapter analyzes the constructing of clear property right, and suggests to take example by the rights of natural resources conservation easement, dumping and carbon emission permit, in order to construct the opening and multiple property rights system. Third, to reform the system of natural resources management which includes distinguishing the management of public welfare and business natural resources, separating the administrative management and business management of business natural resources, protecting the market transaction of the natural resources rights by law, and confirming and protecting of the ecological value of natural resources.The sixth chapter studies the right components of the natural resources property rights, especially studies the rights related to the ecological value. Those property rights are based on the ecological civilization and ecological economy. The development of ecological civilization and ecological economy put forward new requirements to the natural resource value system:treating the natural resource as real resources property, awarding right on it; and showing its ecological value through the market in the form of natural capital.
Keywords/Search Tags:natural resources, property rights of natural resources, resource allocation by market, resource products mining right, ecological value
PDF Full Text Request
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