Study On The "Green" Attribute Of The Natural Resources Real Right System

The natural resource is closely linked with people's life. In the natural resources trading market, how to manage, utilize and protect limited even non-renewable natural resources science, reasonably and effectively, its prerequisite is to realize to the natural resources right is to be protected. The system of traditional real right is influenced by " private " idea, regard natural resources as the general " thing " to adjust, only pay attention to the economic attribute of the natural resources, ignore its ecological attribute. The disappearance of"green " attribute causes in developing and utilizing practice of natural resources, the serious environmental pollution and resource crisis have appeared.The natural resources real right is put forward on the foundation of the traditional real right theory, it can be more effectively disposition to promote natural resources and circulate through establishing the real rights system in natural resources; Through to the rational utilization of the natural resources, realize the maximization of resources value, realize the resource environment and equilibrium development of the human society finally. But how set for natural resources real right legal system, make their up to ideal intensity reasonable, need investigating from its attribute of system. So attribute issue of natural resources real right system maybe fundamental and overall importance question of natural resources real right legal system to set up, the " green " attribute has proved the legal system of real right of natural resources not only pays attention to using and development to the natural resources, but also note closely even more Sustainable development of the natural resources. The full text is divided into four main parts.Part one from the definition of the natural resources real right, the system of the natural resources real right system, the relation of natural resources and modern real right law, divide of three respects to discuss in theory. The natural resources real rights is that the rights of subject of right needs artificially, to the natural resources in accordance with the law or in accordance with authorizing the directness enjoyed controlling and get rid of the Impair. The natural resources real right can be divided into the ownership; usufruct and Guarantee real right, the core is usufruct .Natural resources and real right law are interdependent relations.Part two to discuss the development prospect of the legal system of real right of natural resources from the theory and foreign system. Mainly realize the natural resources real right from respects such as idea, value orientation, basic principle, humane ethics of the natural resources real right,etc.. The foreign system has mainly probed into U.S.A., the relevant natural resources legal norm of Germany and Russia.Part three Describe the defect of the legal system of traditional real right of our country. The defect of the legal system of traditional real right of our country mainly embodies in two respects, on one hand is the disappearance of the environmental protection function of real right system of our country, on the other hand, natural resources allocate fault of knowing, make real right system related to the natural resources environmental protection function discount greatlyPart four ,while making the legal system of real right of natural resources, need to fully consider the natural resources Particularity, it reflect attribute whether it is natural utilization of resources it is " green ". it can establish the natural resources real right by two respects, first, pass absolute ownership and complete party autonomy that is limited on the traditional civil law, confirm resources to people's materiality and spirit value, it is balanced to realize the interests of the law; On the other hand can realize that protects the use of the natural resources through the special law, realize the plural value of the natural resources.