Research On Legal System Of Efficient Utilization Of Natural Resources Under The Concept Of Green Development

The development and utilization of natural resources by humans ultimately requires handling the dual relationship between humans and nature,as well as the relationship between humans and humans.Compared with western naturalism and anthropocentrism,the relationship between man and nature under the Marxist green development concept is dialectical,that is,man and nature are independent,unified and interactive.In terms of interactivity,humans change nature through practice,during the process,with the appreciation and expansion of capital under the capitalist mode of production,the interaction between humans and nature continues to alienate,manifested as human plunder and destruction of nature.The source of the problem lies in humans,and the result is the natural backlash against humans.The core of the solution also lies in humans.Therefore,the key to the restoration of the relationship between man and nature is to sublate and reshape the relations of production between people.The sinicization of the Marxist concept of green development is precisely the crystallization of wisdom in addressing the new situation and problems in the relationship between people,resources,and environment in China’s development process.The solutions proposed by China’s successive leadership groups are both continuous and have distinctive characteristics of the times.The content of social demand for natural resources determines the development and utilization of natural resources and the design of its legal system.When natural resources mainly serve the needs of social and economic development,development and exploitation become the main way to use natural resources.Although the policy or law will also emphasize protection,its effect is negligible under the theme of development and utilization.Only when resource depletion,environmental problems and ecological crisis are highlighted,the yearning for a better life and the demand for resource protection will become the main aspects of the contradiction.The proposal of the green development concept is the response to this social demand.The efficient use of natural resources under the guidance of the green development concept is not a one-sided pursuit of the economic value of natural resources,but a comprehensive consideration of the economic value and ecological value of natural resources,including the recycling of natural resources,conservation and intensive use and low-carbon use.Therefore,the study of the legal system for the efficient use of natural resources has important practical and strategic significance for promoting the modernization of the current natural resources governance capacity and governance system and building a national ecological civilization.In China,the demand for natural resources in society often determines the development and utilization of natural resources and the design of their legal systems.When natural resources primarily serve the needs of socio-economic development,development and extraction become the main way of utilizing natural resources.Although policies or laws may also emphasize protection,their effectiveness is minimal under the main theme of development and utilization.Only when resource depletion,environmental issues,and ecological crises become prominent will the desire for a better life and the demand for resource protection become the main contradiction.The proposal of the green development concept is precisely in response to this social demand.The efficient utilization of natural resources under the guidance of the green development concept is not a one-sided pursuit of the economic value of natural resources,but a comprehensive consideration of the economic and ecological values of natural resources,including the recycling,conservation and intensive use,and low-carbon utilization of natural resources.Therefore,the study of the legal system for the efficient utilization of natural resources has important practical and strategic significance for promoting the modernization of the current natural resource governance capacity and governance system,and building a national ecological civilization.Insufficient clarity of property rights leads to poor exercise and operation of rights,and the development,utilization,and protection of natural resources will also lose basic order.Efficient utilization of institutional construction is also beyond discussion.Therefore,the construction of an efficient utilization system of natural resources is based on the property rights system,which solves the problem of "the basic order of efficient utilization".The basic system solves the problem of "what is efficient utilization",which is the core and foothold of the construction of efficient utilization system.The specific system solves the problem of "how to achieve efficient utilization",which is a practical response and implementation of efficient utilization of the system.Therefore,the institutional construction of efficient utilization of natural resources includes three aspects: basic institutions,basic institutions,and specific institutions.The basic system for efficient utilization of natural resources is the property rights system of natural resource assets.The basic requirements are clear property rights,smooth circulation,and strict protection.In legal form,it is manifested as the ownership system,use right system,and management right system.The basic system for efficient utilization of natural resources includes the definition of the connotation of efficient utilization of natural resources,namely the relationship and balance between the economic value and ecological value of natural resources.The relationship is manifested as both internal connections and unity of opposites between the two values.The balance is manifested as the construction of a solution mechanism for the conflict between the two values,and in terms of institutional form,it is manifested as the institutional coordination and coordination between the development and utilization of natural resources and the protection of natural resources.The specific systems for efficient use of natural resources include the recycling system,the economical and intensive use system and the low-carbon use system,which respectively respond to the waste disposal after the use of natural resources,the low efficiency in the decentralized use of natural resources and the realization of the goal of "carbon peak carbon neutrality".The construction of a legal system for the efficient utilization of natural resources ultimately rests on legislative theory.Under the guidance of systematic thinking,using a green development perspective to examine the current natural resource legislation,combined with the actual situation of legal implementation,it is found that the current law mainly has the following problems: lack of necessary green coordination;Insufficient standardization of some laws;Insufficient systematic legal norms;Lack of effective coordination between public and private laws.In this regard,legal green coordination,normative construction,system construction,and public-private law coordination should be carried out.Therefore,the principles and paths for improving the legal system for efficient utilization of natural resources include green principles,coordination between public and private laws,and coordination of special laws for natural resources.All of these principles and paths can ultimately be attributed to the path of the Basic Law of Natural Resources.The Basic Law on Natural Resources is guided by the Marxist concept of green development.The basic principles include the principle of clear ownership,paid use of natural resources,green protection of natural resources,and efficient utilization of natural resources.The basic systems include ownership system,development and utilization system,management system,protection system,supervision system,dispute resolution system,and legal responsibility system.Due to the characteristics of general norms in the Basic Law,the specific system for efficient utilization of natural resources is only provided as general and principled provisions in the Basic Law.The implementation of its specific norms is external to the Basic Law in the form of separate legislation,forming a legislative model of "Basic Law+Single Independent Law".Given that there are both commonalities and personalities in behavior and management patterns among natural resource recycling,conservation and intensive utilization,and low-carbon utilization.Therefore,in its institutional construction,there are both commonalities and personalities of the system.Law is the regulation of human behavior,and the purpose of constructing a natural resource legal system is to regulate and adjust human behavior in the development and utilization of natural resources,repair the tense relationship between humans and nature,and ultimately achieve harmony in the relationship between humans and nature.Therefore,the construction of the legal system for natural resources is the implementation and implementation of the Marxist concept of green development,specifically manifested in the comprehensive greening of ideological concepts,principles and systems,behavioral models,and development methods.