Study On System In Real Right Of Natural Resources

With the development of the market economy, the utilization of natural resources adjusted by real right law come to a consensus by law experts. Different from the traditional real right, the real right of natural resources is a new concept. The theory of the real right of natural resources is a development on theory of natural resources law, and is also a development on theory of real right. The real rights system of natural resources is an important and necessary part in the general theory of real rights of natural resources, playing a joint role for the link of different parts. This paper is divided into four parts.Chapter one is the framework theory of real rights system of natural resources. For construction of real rights system of natural resources, the distinction is necessary between elements system and the variety system. The elements system discusses the elements by which the real rights of natural resources form; variety system is the classification of real rights of natural resources by certain standard. Real rights system of natural resources should coordinate relevant theories of civil law and real right law, should coordinate the developing trend of civil law and real right law, should explore to the implementation mechanism of natural resources interests.Chapter two analyzes the elements system of real rights of natural resources. The ownership subject of natural resources can only be the state and the collective. The state exercises the ownership of natural resources mainly through assigning the utilization rights of natural resources. The collective exercises the ownership of natural resources mainly through contracting the utilization rights of natural resources and the collective should concern the benefits of collective members when exercising the ownership rights of natural resources. The usufructuary rights of natural resources should be more independent, and it is need to deal with well the relations of rights and duties between ownership subject and usufructuary rights subject of natural resources. The object of hypothec of natural resources is the usufructuary rights of natural resources. The ownership of natural resources has four basic empowerment those are possession, use, profiting and disposition, the usufructuary rights of natural resources also has the four empowerment, the empowerment of the hypothec system of natural resource are priority on debt. Chapter three analyzes variety system of the real rights of natural resources. When it is affirmed that national ownership and collective ownership of natural resources become real right, it become possibly that natural resources regulated by real right laws, and real right system of natural resources can be established. The usufructuary rights of natural resources can be divided into using right and profiting right. The using right mainly exercises the using function of natural resources, and the profiting right mainly exercises the profiting function of natural resources. The hypothec system whose object is usufructuary rights of natural resources has been influenced directly by usufructuary rights of natural resources.Chapter four discusses some issues about theory and practice of real rights of natural resources inspired by the research of real rights system of natural resources. In theory it need to improve the extent of real rights of natural resources, and the theory of real rights of natural resources need further systematic. The considering on legislation is to establish legislative adjustment mode with the property law being dominating, and choosing the legislative mode combined concentration and separation. The considering on application of the law is deal with appropriately the empowering and restricting of rights.