Perfecting The Natural Resource Law Of Our Country Under The Idea Of Sustainable Development

After proposed,the sustainable development theory has caused the very big echo in the world.The various countries successively accept the sustainable development,and thoroughly discuss the theory.At the same time,take the sustainable development theory into their environment and resources legislation as its guiding ideology.The field of law in our country has also raised the research upsurge.But,because the scholars' understanding are different between the concept of environment and that of the resources,which has formed the dispute between the environment law and the resources law in belongs to relational,in the principle of legality,and in the establishment of legal system.The dispute has restricted the progress of the legislation.It becomes an arduous and Urgent duty of academia that Straightens out relations of the environment law and the resources law,and that carries on the revision of the environment law and the consummation of the natural resource law.The article points out the view of mine about the consummation of our country natural resource legislation under the sustainable development,and is divided into four parts.The first part sums up the production and the meaning of sustainable development,the tribute of natural resource and the relations of the sustainable development and the natural resource,thinks that it has very close relationship between the natural resource legislation and the sustainable development,and the natural resource legislation is the powerful safeguard of the sustainable development.The sustainable development has very important influence to the natural resource legislation,and is advantageous to the further consummation of the natural resource legislation.The second part firstly analyses the practice on natural resource protection of the typical resources conservation country as US,Japan, New Zealand,France,and induces the model significance of the various countries' resource legislation to our country'.Then analyses the natural resource legislation theory and the practice of the ancient times and that of the present,points out the different view of our country' scholar to the natural resource legislation,induces the significance of the natural resource legislation practical in our country ancient times.The third part has pointed out the question of natural resource legislation in our country: first,the legislation guiding ideology owes the science;second,my country has not the basic principle;third,the law system needs to be perfect,and lacks a fundamental law and the partial specific one;forth, the existing natural resource law system needs to be perfect.The fifth part pointed out the solution of the question that proposed in the fourth part.Believed that,first,our country natural resource legislation should take the harmony between the person and the natural as the goal,takes the guiding ideology by sustainable development view; Second,our country should establish the basic principle of the natural resource law;Third,consummates our country from the system Fourth, the basic system of our country natural resource law should include: property right system,investigation and filing system,and so on;the consummation of Our country natural resource single line law,should strengthen the protection dynamics and enlarges the punishment dynamics,and take the ecosystem protection angle to embark,carry on the revision of the paid use system,the price system and the calculation system and so on,enables the existing natural resource law system to be able to reflect the natural resource the basic rule,and meets the need of market economy to develop.The last is a conclusion,obtains the basic idea of our country natural resource legislation:The attribute and natural rule of the resource,are the objective basis of our country natural resource legislation;the natural resource multiplicity and the ecosystem complexity,is condition basis of our country resources legislation national.The sustainable development theory is response to the natural resource regular,also is the needs of the reality.Consummates our country and takes the sustainable development theory as the guiding ideology of the natural resource legislation,must aim at the question of natural resource legislation in our country,point out the perfect plan.