On Improving The Management System Of State-owned Natural Resource Asset

Human’s understanding of natural resources has gone through a process of transformation from pure "natural things" with no economic value to "resource products".Its object and scope are constantly changing,with obvious dynamic and complexity.Natural resource assets are scarce natural resources with important social,economic and ecological values.As a special kind of natural resource assets,the management system of state-owned natural resource assets belongs to the category of administrative management system.Since the founding of the People’s Republic of China,China has implemented resource management of natural resource assets,and the management power is scattered in many ministries and commissions.The government replaces market resource allocation by administrative means,with strong department legislative traces.The Ministry of natural resources uniformly exercises the responsibilities of the owner of natural resources assets owned by the whole people,and the responsibility of controlling the use of all land space and ecological protection and restoration,which solves the problems of the former owner’s vacancy,decentralization of power and overlapping of responsibilities.However,some problems still exist,such as the confused ownership and supervision power,the central management power conflicts and overlaps,the legislation and relevant policies failing to match the state ownership and the imperfect regulatory power system.In theory,using the theory of property rights,state ownership structure of natural resources and the tragedy of the commons,this paper demonstrates the legitimacy and superiority of the management of state-owned natural resources assets from the perspective of the state as the owner of state-owned natural resources assets,and emphasizes that the state should take the initiative to take reasonable measures to give full play to its advantages,so as to better utilize natural resources and protect the ecological environment.The theory of ecosystem and holistic governance provides a theoretical basis for the state-owned natural resources assets management to pay attention to the systematicness,coordination and integrity of management means,as well as the protection of natural ecological environment.From a global perspective,countries in the world,due to their differences in national system,natural resource endowments,and even different historical traditions and stages of development,have adopted the modes of integration and differentiation,centralization and decentralization,centralization and classification in the selection of state-owned natural resources assets management modes,but they are highly similar in the pursuit of ultimate management objectives,especially in the developed countries such as Europe,the United States and Japan,attaching great importance to the synchronous management of resources and ecological environment,statistics of basic information of natural resources assets,classified management according to the types of natural resources assets,and the establishment of sound market mechanism and system of natural resources.In the future,China will improve the management system of state-owned natural resources assets.In terms of guiding ideology,it is necessary to adhere to the systematic governance concept of "mountains,rivers,forests,fields,lakes and grasses as a community of life" and serve the basic economic system of socialist public ownership with Chinese characteristics.From the perspective of the complete system of ecological and environmental property rights,we should pay attention to the combination of government regulation and market allocation.In the principle of management power allocation,we should follow the principle of law,regulation and public welfare maintenance.In the dimension of management right allocation,we can consider all the elements of natural ecology according to the setting of management organization,the type of management right and the management object,and carry out the overall protection,systematic restoration and comprehensive treatment,so as to achieve the best economic,ecological and social benefits.In the specific path,we can learn from the state-owned assets supervision mode of SASAC.Within the Ministry of natural resources,according to the principle of separation of management power and supervision power,the functional departments related to the management of state-owned natural resources assets should be integrated,and a relatively independent internal bureau should be set up to work in the name of the Ministry of Natural Resources.When the conditions are ripe,the whole project will be separated from the Ministry of natural resources.At the national level,the National Natural Resources Assets Management Committee(Ministry,bureau)is established.At the local level,provincial and county(city)natural resource asset management departments(bureaus)are set up to exercise the ownership of state-owned natural resource assets on behalf of the state,and to be responsible for the management of the maintenance and appreciation of state-owned natural resource assets.At the same time,in order to improve the management system of state-owned natural resources assets,it is necessary to shift the prior supervision to the whole process supervision,from single department supervision to multiple supervision,establish and improve the administrative supervision,assessment and accountability,social supervision,administrative law enforcement and procuratorial systems,and construct the state-owned natural resources assets management supervision.The supervision system should avoid falling into the trap of "government failure".In addition,it is also necessary to improve the coordination mechanism and legal guarantee of national natural resource asset management.On the basis of the natural resource asset management committee(ministry and bureau)performing the responsibilities of the owner of natural resources owned by the whole people,we should establish and improve the coordination mechanism between river basin and territorial government,the mechanism of party and government responsibility for natural resource asset management and ecological environment protection,and the external coordination of state-owned natural resource asset management.We should form a multi-level and multi-dimensional coordination mechanism among central government,local governments and departments to achieve clear scope and smooth coordination.We should scientifically compile the list of natural resources assets that the central and local governments exercise ownership,clarify their respective boundaries of "rights,responsibilities and interests" in resource management,and endow local agents at all levels with the qualification to exercise ownership subjects,so as to improve the utilization value of state-owned natural resources and the level of ecological protection.We should establish and improve the classified management system of state-owned natural resources assets and the ownership system of state-owned natural resources assets,implement classified management of public welfare and business,and maximize the economic benefits of natural resources assets on the premise of ensuring the preservation of natural resources assets and the sound development of ecological environment.In terms of legal protection,we should innovate the concept of natural resources legislation,establish a comprehensive and "green" legislative concept,adopt the "step-by-step" thinking,construct the dual legislative mode of natural resources property right,and study and formulate a unified "natural resources law".From the practice of institutional reform,the reform of the management system of state-owned natural resources assets is a huge and arduous "project".It is impossible to solve all the existing contradictions and problems through a simple "physical" integration between administrative departments.We need to actively learn from and absorb the advanced research results of civil law,administrative law and other disciplines as well as management and economics,constantly innovate and improve relevant mechanisms and systems,and explore the management system of state-owned natural resources assets with Chinese characteristics.