Natural Resources Protection Legislation

The protection of the natural resources, is a field that is envisaged by the domain of Environmental law, and has not gotten remarkable progression. Within the realm of the law of the Natural Resources Protection, the focuses are the status of the law of Natural Resource Protection, the connection between the law of Natural Resource Protection and the laws in point, the principles of the laws and the legal system. The situation is one of the factors that pricks up the degradation of the natural resource.The whole thesis is divided into six parts. The first part sums up the general situation of the law of the Natural Resources Protection in China. Then it demonstrates the advantages and the feasibility of the independent status of the law of Natural Resources Protection.The second part and the third part first expatiate and anatomize the actuality of the law of the Natural Resource Protection in detail from the aspects of the ideas, the behalf, the purposes, the system, the physical rights of the natural resources, rules of law, the system of resource management, the basic legal system. Then it analyses the conditions of the problem of the natural resources.The fourth part analyses the international laws and the foreign laws of the Natural Resources Protection. It analyses the history, the seedtime, the primary realm and the growing direction of the international law. Then it continues to expatiate the laws in America and in Japan, the primary countries which have made great progress in protection of the natural resources. Just on this foundation, this thesis generalizes the main characters and the trend of the foreign law of the Natural Resources Protection and the use for reference to our country.The fifth part analyses the challenges and the regulations which the theories of the resource economics and the resource ecology have brought to the protection of the natural resource.The final part is the conclusion of this thesis. It brings forward the ways of consummation of our resource laws on the foundation of the theories above. It discusses the legislative purpose and guiding principles of the law, the status of the laws of Natural Resources Protection, the ways to protect natural resource under themarket economy, managing of natural resources in the way of active assets, the perfection of the system of using natural resource beneficially. It discusses the basic principle of the laws of Natural Resources Protection, and thinks that the unitive management of the value and function, the resource rights controlled by the government, using natural resources with financial obligation, ecological compensation in the using natural resource, and using natural resource in the best way, the natural resource programming and the balance of the interest are the essential principle of the laws of Natural Resources Protection. In the end, it gives out the ways to perfect the legal systems of the natural resource right, the transfer of the natural resource rights, macroscopical accommodation of the natural resource, the administrative management of the natural resource.