Natural Resources Development And Utilization Of The Right To Market

With the exploration and utilization of the natural resources in our country, the ownership right entity (the nation) authorize the non-ownership right entity (the human of the natural resources utilizing right) to explore natural resources. Nevertheless, the interests and benefits of the latter have not been perfectly and thoroughly guaranteed by the law, and the administrative subject has also interfered with legitimate rights and interests of the latter. That is, the property attribute of the development and utilizing right to natural resources have not been embodied, which leads to the short-sighted exploration phenomenon of the natural resources development and utilization rights entity in the process of exploiting and utilizing natural resources—the predatory exploitation without regard to natural resources'regeneration period and service life, resulting in the exhaustion of resources and the environmental deterioration.Furthermore, it is difficult for the man who owns the rights to use of natural resources to retreat, once he has been authorized the rights to explore and utilize these natural resources; despite that he own self suffers from some deficiencies preventing the natural resources from being highly efficiently explored and utilized, the rights to use of natural resources have been circulated by means of the market mechanism eventually. Such kind of lagged and ossified administrative management has achieved the aims that, to some extent, the nation could supervise and interfere with the process of utilizing natural resources, and avoid the loss of state assets, but has impeded the value of natural resources from being fully utilized, leading to the waste of resources and the deterioration of the environment in an indirect way.The Coase Theorem stated that when the property is clarified and the transaction costs are zero, resources will be allocated most efficiently. Accordingly, introducing this theorem into the environmental law, we can interpret that only the institutional design of property right with the explicit rights and minimum resistance of transaction could efficiently explore the natural resources, then avoid the phenomenon of plentifully waste of resources caused by extensive development, and achieve the aims of protecting environmental resources ultimately.The third Plenum Session of the 17th Communist Party of China Central Committee adopted the resolution that stabilizing the rural land contractual management right, safeguarding the present land-contracted relationship through long-term contracts, allowing voluntary and spontaneous circulation of the rural land contractual management right, and establishing and perfecting the market for the circulation of the rural land contractual management right, which has provided the best opportunity and reference for initiating the market-oriented process of the rights to use of natural resources. Land is the core of the system of natural resource. As the typical representative of property right of land usufruct system, it is possible for the"try and error"evolution progress of the land contractual management right to be the metaphor for the development of tendency of developing and utilizing natural resources. Based on this theoretical hypothesis, this paper attempts to construct the ideal prospect which initiates the marketizing process of the rights to use of natural resources with the help of rural land contractual management right as a model. The starting point of such kind of ideal prospect construction is integrating and upgrading the system of utilizing rights to natural resources; while its end point is efficient utilization of the natural resources.This article takes the rural land contractual management right as a breakthrough, and tries to carry out and implement the policies of stabilizing the rural land contractual management right and improving the mechanism of circulation on market, which have been approved in third Plenum Session of the 17th Communist Party of China Central Committee, in order to enhance the market degree of rights to use of natural resources as a whole. The whole article spreads out exposition through four parts:The first part is the outline of rights to use of natural resources, in which firstly some fundamental concepts have been given clear definitions, such as natural resources, the property right of natural resources, the right to use of natural resources, and so on. Besides, this part also concretely elucidates the theoretical foundations for establishing and improving the right to use of natural resources. To be specific, from four different theoretical angles containing western theory of property rights, resource scarcity rights, externality theory and theory of benefit value, this part expounds that perfecting and improving the right to use of natural resources brings an important effect to advance the efficiency of resources operation and the environmental protection as well.The second part puts forth the opinion that it is necessary to rationally remold the rights to use of natural resources, particularly with the theoretical background that the civil law thought of environmental protection gradually returns. For the long time, the environmental law depends on compulsory administrative measures to realize the public law regulation to a great extent, and such externally imposed legislative thinking methods have been castigated by the academic field. Nevertheless, it plays an important part that the adjustment of civil law based on its highly concerns about individual autonomous conscientiousness. Thus, it is the significant expansion of methods of environmental protection that returning to the civil law thoughts and, on the premise of material-right, implementing the market-oriented transformation of the rights to use of natural resources. The third part is the highlight of this article, in which arranging the market-oriented sequence of the rural land contractual management right provides useful reference for market-oriented transformation of the rights to use of natural resources. As a significant link in the system of natural resources, land has aroused broad concern from legislators, and, comparing with other kinds of natural resources, its market-oriented operational mold is relatively mature. Since the third Plenum Session of the 17th Communist Party of China Central Committee, particularly, the guidelines and policies approved by the Communist part of China have focused more on the market-oriented circulation of rural land contractual management right. Owing to the maturity of its theoretical background, and the favorable polices, it will provide a reference for the market-oriented transformation of the right to utilize all natural resources.The fourth part is the stay point of this article. By means of referring to the marketization of the right to rural land contractual management, and complying with the background of returning to the thought of civil law, the author attempts to explore the methods of market-oriented transformation of the rights to use of natural resources and create a relatively integrated and perfect market-oriented system of natural resources.The prerequisite of implementing the market-oriented transformation of the rights to use natural resources is to confirm its property right attribute. Meanwhile, it is an indispensable means to establish pluralistic circulation styles, and improve relevant auxiliary system.