Choosing The Pattern Of Legislation For Property Of Natural Resources

Though the arrangement of the natural resource identity system currently takes effect in our country pays attention on the usage distribution and management of the natural resources, essentially there are still planning economy traits in the identity setting of all natural resource key elements, the problem and tendency of ignoring defining clear conception of the natural resource property right still exist. In the condition that the natural resource identity system is not mature, the initial dispose of the natural resource ownership could not achieve the goals of rational disposing and using of the exploited resource. On the contrary, the system stimulates the users'demands and the predatory exploiting of the unexploited resource. The development and usage of the natural resource is separated from the protection of the natural resource. Objectively, traditional ownership systems could protect the natural resource in some extent. But these systems were not created with the purpose of protecting the natural resource. And these traditional ownership theories are weak to hand the problems of disposing and using the natural resource. So how to establish a new natural resource property law system to realize the rational disposing and flowing, developing and using of the valuable natural resource is the problem facing to us. What kind of the pattern of legislation should we choose in the process of establishing the natural resource property law system will be analyzed and study in the thesis.This thesis starts with the necessary of the creation of the natural resource property rights system, discusses the current urgent theory problems needed to handle. The problem is what kind of natural resource property law system we should establish in the condition that our country requires to establish natural resource property law system. This theory problem, in fact, is also the problem of what kind of the pattern of legislation we should choose during the process of the creating the natural resource property law system. And such key basic problems as what is the pattern of legislation, what features it has is also another main point in the first part of this thesis.It will not be difficult to choose what kinds of model to direct every key problem we are facing during the establishment of natural resource property law system, when there is a common understanding of the necessity of creating natural resource property rights, and we know what methods used to direct establishing the natural resource property law system. The second, third, and fourth part of the thesis is based on the features of the the pattern of legislation and natural resource law system discussed in the in the first part to expound and prove what system we should choose during the process of establishing natural resource property law system, what legislation example should choose, and what purpose we want to achieve. Finally gain the goals of choosing the explicit scientific practical the pattern of legislation to direct and perfect the establishment of natural resource law system in our country.