The Research On Agricultural Natural Resources Right System

As a resource industry, agriculture should be protected and utilized properly in order to safeguard its sustainable development. A series of laws concerning farming lands, water resources, forests, grasslands and fishery have enacted since 1980s, which have witnessed great effect on protection of natural resources. Nevertheless, in stead of combining authorizing, regulating and restricting civil utilization of natural resources so as to protect and utilize natural resources, the existing laws have generally adopted a "management methodology", which depends heavily on governmental power to realize state ownership of natural resources. The oversight of current laws concerning ownership and mobility of natural resources has immediately resulted in a lack of flexibility and tradability of rights on natural agricultural resources. In order to provide a tentative solution to the problems above, this paper poses an assumption on constructing a legal system for the lawful rights of agricultural resources users. The author adheres to right-orientation as a value-rating scale for natural agricultural resources rights system with a view to analyzing and assessing rights system of current natural agricultural resources laws from two angles: awareness and system.Through research, four prerequisites can be felt in order to construct natural agricultural resources rights: clearly defining the group of users of natural agricultural resources, strictly specifying the relationship between public rights and private rights, legally assuring reasonable transfer and mobility of natural agricultural resources and initiatively establishing an effective, sound and convenient dispute-setting system. The paper comes up with some objectives for and major methods to perfect the existing system: to definitely include natural agricultural resources users' rights into property right system, to fully realize the property right of natural resources in order to perfect natural agricultural resources rights system, to clearly specify governmental jurisdiction on natural resources in order to boost harmony between public interest and private interest, to improve dispute-settling system in order to guarantee effective operation of natural resources rights system.