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A New Search For Attribution Of Titles To Natural Resources In China

Posted on:2005-05-17Degree:MasterType:Thesis
Country:ChinaCandidate:L H LiFull Text:PDF
GTID:2156360125456699Subject:Environmental law
Abstract/Summary:PDF Full Text Request
Natural resources, refer to the total of the natural product with certain ecological function, under the certain condition , It can produce economic worth , raising the mankind's present and future welfare and include land, water, forest, mineral deposit, grassland , wild animals and plants ,etc. mainly. The attribution of titles to natural resources is a system of standardizing about the ownership and right to the use of natural resources, and the legal consequence that produce from this . It is the most powerful, most indispensable system in the law of natural resources. In the traditional law, what the value attribute of the natural resources is paid attention to its economic worth only . In the case of developing interests are more important than its ecological interests, the attribution of titles to natural resources is regarded as the legal system of the property, should receive the guidance of the legal system basic principle of real right of the civil law . But with the depending of mankind's understanding of the environmental question, the ecological value of the natural resources is shown especially day by day, the traditional view faces a series of challenges. And in fact, either between " thing " on civil law and natural resources ,civil law, or the ownership and right to the use of natural resources and real right, very great difference exists. So the attribution of titles to natural resources should not be included in real right system, regarded as a important system of natural resources law, it is an important component of the environmental law. Under fully realizing the prerequisite of this, it is necessary to construct a new system, this kind of construction is the objective request for the sustainable development view, in the course of structuring, we should adhere to the following basic guidelines : Insist national ownership ; the attribution of titles to natural resources is a component of environmental law; use single file law regulation at legislative style.
Keywords/Search Tags:Attribution of titles to natural resources, Natural resources' ownership, Rights to the use of natural resources
PDF Full Text Request
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