Legal System On Allocation Of Nature Resources Property

Faced with an increasingly austere situation of the resources, it has become a major concern and social problems how use resources fully and effectively, regulate the resources market and reduce unnecessary spending. This paper aims to provide a theoretical basis and basic ideas for the allocation of property rights of natural resources through researching the theory, practice and legislation of the allocation of our natural resources property. Besides preface and conclusion, the paper is about 38,000 words, and divided into 4 parts. Its primary coverage including:The first part analyzes the conception and character of property of natural resources and aim and occurring mechanism of its allocation. The allocation of the property of natural resources is an activity that country allocates the resource between different areas, parts or direction of using by administration or power of market. It is meaningful for protecting and using the natural resources to enact the legislation of the property of natural resources and its allocation. Allocating the natural resources is for realize the benefit of the society, economic and biologic.The second part analyzes the system of the allocation of the natural resources and introduces the conception and its variance of the system and law system and researches the influence of the theory of property right to the law system of the allocation of the property of natural resources. As one kind of system, law system plays very important act in a whole system of a country to regulate the actions. The theory of property right pays attention to designation of the system and considers theory as the foundation of the function of economic. As the basic regulations of allocation and using of natural resource, law makes the system to confirm the adscription and using of natural resource.The system of allocation of natural resource includes: the system of adscription, the system of pay-using, the system of playing, the system of market and supervising, the system of register and the legal responsibilities.The third part researches the style of the function of the allocation of natural resource and analyzes the main problems in our country by studying the courses of allocation of natural resources and referring the experience of west countries. There are two way to allocate the natural resources, one is to allocate by administration, other is by the market. Only using the method the administration may result in the waste of resource and low efficiency of using. Other way will result in the external uneconomic. In China, we choose the way of administration, so there exists the low efficiency and non-efficiency in using the natural resource. Thereby it becomes the main topic that how to regulate the relationship of the administration and market in order to interior the exterior uneconomic.The forth part analyzes the actuality and perfection of the law system of Chinese allocation of natural resource. The allocation has stepped a new era which pays attention to using double way of administration and market and practice the pay-trade system to use resources. On whole, it is a good direction, but there still many shortages for high cost in system transition. It must to change the actuality of low price or non-price of natural resource by administration. In order to allocate the using right of the natural resources in different parts, we should enact legislation to ensure the adscription and regulate the course of the allocation and unit the administration and public joining and explicit legal responsibility to found a whole law system. With the increasing high speed of economic development, the allocation of natural resource is going to be regulated by market.