The Research On The Concession System Of Public Resources

Public resources Public resources are important production and subsistence of the development of national economy and play a very important role in social development.Because of its own scarcity,it’s impossible to realize optimal deployment of the resources only by the market itself.Therefore,it’s extremely necessary to be supervised by government.In the concession system of public resources,the country is not only the owner of public resources,but also the manager of national public resources,which plays the dominant role in deploying public resources.The concession system of public resources contains not only the system of public law,but also that of private law.The purpose of building the concession system of public resources is just to make the boundary between government and market in the deployment of public resources clear by law.On one hand,we want to strengthen the administration of public resources by government in order to maintain and safeguard the social public interests;on the other hand,we want to regulate the behavior of the government in order to protect the concessionaires’ rights.Via researching on the rights and obligations in concession of public resources,we want to rationally set up the content of the concession system of public resources,and to ensure the optimal deployment and rational circulation of public resources.This paper has three parts except introduction and conclusion.The first part is concession and the deployment of public resources.As that in law category,public resources has expansibility itself,and its object has relativity,the deployment process has legal nature,the deployment gross has regulation,the rights and obligations of concessionaires have parity,the realization of concession has marketability.In terms of the object of public resources,it can be divided into classifications such as use of natural resources,use of public property and public utility.Although public resources of various types have their own characteristics,they are common in system construction,and the classification research on which contributes to better recognize the characteristics of public resources and realize the scientific legislation of the concession of public resources.The theory of the deployment of public resources builds firm basis for the concession system of public resources.The theory of government’s supervision makes the domain and emphasis of the supervision of public resources by government clear,and contributes to realize the scientificity of the setting up system.The public intrust theory shows the identity position of government in the management of public resources,and supplies a new train of thought for supervising the government’s management behavior of public resources.The public law and private law double ladders theory scientifically elaborates on the constitution of the concession system of public resources.The property right theory supplies theoretical support for the location of separating the ownership from usufruct of public resources.The deployment of public resources has both public law method and private law method,and in public law,it’s divided into concession deployment,administrative contract deployment and direct award by government.At present,on the premise of managing state affairs according to law and administration according to law,the concession of public resources has inimitable system advantages while comparing with other methods,and plays an important role in realizing the effectual deployment of public resources.The second part is the constitution of the concession system of public resources.This chapter deeply researches on the concession system of public resources in different terms of public law and private law.In public law,the regulation of the legislative right of the concession of public resources abroad is built on the basis of cost-benefit analysis,and legislative projects are precensored uniformly by government,which has excellent reference significance for multi-hierarchy legislative system of the concession of public resources in our country.The regulation of government’s discretion is the core of regulating the government’s behavior.Via building the systems of additional articles of administrative behavior,administrative contract and trust protection,we can guarantee the effectual management of public resources by government and meanwhile abundantly protect concessionaires’ rights and interests.Such content has important reference for building and improving the administrative concession system in our country.Those provisions concerning concession in the civil law abroad supply a new visual angle for the system construction of private law concerning the concession of public resources in our country.Scholars at home also have deeply researched on the private law characteristics of concession,but because of the legislative insufficiency,there is quite obvious difference of opinion concerning the private law characteristics of concession in practice in our country,which abundantly explains the necessity and urgency of improving the private law system of the concession of public resources.The third part is improving the concession system of public resources in our country.The insufficiency of the present concession system of public resources in our country mainly shows as unclear connotation and boundary of setting up concession,standard insufficiency of setting up system,relatively general process of carrying out concession,unfit private law system of concession,and all systems need to be further improved.In the regulation of concession system of public resources in public law,we need to consider the award of concessionaires’ public power,market access and withdrawal,profit regulation of concession,award process of concession,paid utilization of public resources as the focus points of improving legislation.In private law,we should further make the attribution of ownership of public resources clear,and set up the systems of usufruct and security interest of concession,and supply legal guarantee for the circulation of concession according to law in order to realize the optimal deployment of public resources.On the premise of managing state affairs according to law and administration according to law,we can realize the deployment of public resources according to law,and make full use of the economic benefit,social benefit and ecological benefit of the deployment of public resources.