Research On Administrative Permission Based On Natural Resource Type

From the perspective of the administrative franchise system of natural resources in China and with the key point of the advantages of administrative licensing and the inappropriate taxonomy of natural resources, this paper takes ambidextrous approach as the ambushing, including the study on administrative franchise and typed natural resources in China. Besides, this paper also incorporated the new thoughts for natural resource management of the Decision of the Central Committee of the Communist Party of China on Some Major Issues Concerning Comprehensively Deepening the Reform issued during the Third Plenary Session of the 18th Central Committee of the Communist Party of China and finally return to legislative perfection of the administrative franchise system of natural resources.This paper mainly used the Law of People’s Republic of China on the Administrative Permit and the Real Right Law of the People’s Republic of China as a benchmark and it can be divided into the following parts.Part one introduced the existence problems on administrative franchise system of natural resources in China based on researching the legislative drawbacks and the practical chaotic. That is just the inappropriate taxonomy of administrative licensing and the disorganized management of natural resources. Part two introduced the taxonomy of administrative licensing from the vision of natural resources. Then the paper scanning the present taxonomy of administrative licensing with the intent to develop natural resources and protect these well. And on this basis this paper put forwards a new taxonomy of administrative licensing that can be divided to two parts, the administrative licensing of property rights and the administrative licensing of general behavior free, to be suitable for natural resources management. Part three introduced the natural resources system of classified management in China. This paper defined whether the natural resources are all "objects" in the property law by starting with analyzing the economic attribute and the ecological attribute of natural resources. And on this basis the paper distinguished the real right on natural resources and the non-real right on natural resources. Part four introduced the possible modes on the administrative franchise based on the typed natural resources and then choose the better one to elaborate it. Finally, the last part made general summary of the core point and argument logic of the full text.In addition, this paper also first absorbed the new thoughts that is "separation of assets management and use supervision" during the Third Plenary Session of the 18th Central Committee of the Communist Party of China and combined it with administrative license bases. Thereby this paper provided a brand-new perspective for putting forward a perfect suggestion of the administrative franchise of natural resources.