The Research On Using Right Of Natural Resources Circulation System

Transfer of the using right of natural resources property is an important way of achieving "best use of property", realizing the of value natural resources, improving the utilization of natural resources, and realizing sustainable use of natural resources. Transfer of the using right of natural resources property is also the inevitable trend of development of market economy. In-depth understanding of and talk about using right of natural resources property's right attribute, and the construction of the market, will have great significance of studding how to effective protect and sustain use of our natural resources, and also very helpful to solve the problem of environmental pollution and destruction. Scarcity, usefulness and ecological is the natural basis of realizing value of natural resources. And the transfer of market is the social basis of realizing value of natural resources. Establishment and improvement of the system of transfer of the using right of natural resources property is the fundamental approach to promote the conservation and improving the utilization of natural resources, and better achieve its ecological value.Master's thesis starting on the analysis of properties of the right use of natural resources, and specifically its tradable, study on Status of law and market construction about transfer of the using right of natural resources property. By studying the existing problems point out the current problems hope to find the proper way of building and improving our law of transfer of the using right of natural resources property. Expand the content from the following aspects:Chapter one:Discusses the legal characteristics and property of rights of natural resources property. At first, explicated that natural resources are the object with economic attributes and ecological attributes. Second, explicated that using right of natural resources is real right for usufruct, quasi-proper and limited property. Third, analysis our public ownership of natural resources can not realize the transfer of natural resources. Then pointed out using right of natural resources is to separate the ownership of some power, which in itself is an independent right type, so it can realize the transfer of natural resources.Chapter two:First of all, elaborate the history of our law about transfer of the using right of natural resources property. And analyze the future development of the system of transfer of the using right of natural resources property. Second, elaborate the existing legal provisions and the transfer market about the using right of natural resources property. Analyze and points out the plight of the transfer of natural resource use rights. China's natural resources laws and regulations have the corresponding provisions of the type of tradable rights, circulation of the main conditions and legal conditions, approval and registration system and value assessment system. In practice, there are some successful examples of natural resource use rights transfer.Chapter three:Introduction of foreign distinctive system of transfer of natural resource use rights. Then analysts and pointed out that reference to China.Chapter four:Proposed our system of transfer of the right to use our natural resources should follow a few basic principles. Such as sustainable development, ecological priority, compensation for the use of natural resources, intervention the government legitimate and strengthening the role of the market and so.Chapter five:Put forward a sound proposal of market of transfer of the using right of natural resources property. First, proposed the overall concept of two-tier market's improvement. Second, pointed out that China should expand the type of use of natural resources for transaction, subject of strict market access trading system, improve the registration system, full implementation of natural resource development and utilization, the law to guarantee the orderly transfer and the security of the market. The market of transfer of the right to use our natural resources is still not complete, and the physical transfer market is very limited. Related incentives to be further established. Such as give priority to environmental protection when assign of the right use of natural resources, green credit system, security deposit of environment administration, improve the property rights system and so.