On The Right A Property Of Natural Resources

The natural resource can be used by man. As the producer goods and thesubsistence's origination, The resource includes the land, the minerals, the current ofwater, the prairie, the wooded mountain, the beach spreads and so on, which must bewidely used on people's production and the life. The natural resource is scarce,independent and effective. As substance, it has a long time that the natural resource wasadjusted by the civil law. The history of the modern civil law and the civil law theoryindicates that it can contain the public law's natural resource real right. In our countrythe owner of the natural resource is the country and the collective in our country naturalresource right of use and the tradition compares with the profit real right also has itsparticularity. but in the natural resource has the real right attribute, without any doubtshould be the real right. The real right law takes the resources disposition thefundamental rule, it will directly have the significant influence on the natural resourceownership and the use system arrangement and the implementation to the naturalresource development use, regardless of the natural resource rational distribution, or thenatural resource reasonable use, they will be all connected with the real right methodbasic content. Accurately analyzes and grasps the natural resource power the realrightattribute, the constitution and the potency, cause the real right method stipulation toconform to the natural resource real right objective requirement, naturally becomes thestandard to fill natural resource each real right loophole. It is advantageous to therealization natural resource effective protection and the reasonable use.Capter1:" the problem put forward ":The natural resources right belongs to whomaffects the legal right of the civil case corpus to natural resources closely;Body nownatural resources power and the real right essence functions of the governmentadministration benefits mutually the should return the natural resources real right withoriginal appearance;The lawgiver belongs to the accurate confidence of sex to beadvantageous to the real right method to the natural resources power perfect.Capter2:" the fact of the natural resources real right according to ":The naturalresources is a thing, matching the characteristic of the thing. The natural resources has avariety of sexes :The natural resources of the ecosystem appearance is the body of theenvironment law relation, the natural resources of the economic appearance is a thingwithin the real right method, should be adjust by the real right method.Capter3:" the system of the natural resources real right according to": The naturalresources real right law system has experienced the following development stageabroad: Civil law real right period;The list goes the method period;The system turnperiod and" can keep on to develop the method" period. In our country naturalresources property right law system has experienced: The natural resources propertyright structure is a single public ownership, the natural resources owner is the nation andcollective, namely two dollar corpus;The natural resources property right expericencedthe public ownership and development to make use of compound structure of the powerfrom the one structure of the owned by public ownership;the development making use ofthe property right of the power to trade system stage.Capter4 :" theories foundation of the natural resources real right research:Concerning natural resources value of theories. There is no controversy that the naturalresources has this one of use value, but whether natural resources has the value or not,then have the different standpoint. The effect of the natural resources, sparse lack is thenatural foundation that it is worthy, the market bargain is the social foundation that it isworthy, the natural resources has the value. The mark thank the nolabor product to becalled the rent charge in the currency in the bargain performance, In fact, it is the samebetween the price in modern and western ewnomicses and the rent charge that Mart Said.also deducing from" labor axiology" that the mark thank can't come to the resourceshave no worth. The civil law and the civil law theories development histories express thatit can forgive the stronger and natural resources real right of public laws.Capter5:" natural resources ownership real right analysis: In our country accordingto the provision of the law, the major natural resourceses belong to the country. Currentlythe natural resources national ownership law system all exists the certain problemtheoretically or in the fulfillment .As the nation's property, The natural resources' requestof state-owned property to law is not to set the special protection to forbid the area, butshould be a vitality that installs the right through the law reasonable to strengthen the egoto develop healthily and the ability of the market competition. This problem can besolved only by the way that come back to return the natural resources ownership realright original appearance, then can carry out. Our country the natural resources nationownership of theories fixed position should be public property right, personal is aproprietor again the right and wrong proprietor, which constitutes our country naturalresources national basic antinomies. Draw lessons from the foreign lawmakingexperience investigate, in our country the natural resources can be traded, withrealization our country natural resources ownership of real right. Natural resources of ourcountry the collective ownership should be carried on the real right to turn thereformation.Capter6:" the research of the natural resources uses the real right: Under thecondition of natural resources ownership of our country belong to owned by public, thedevelopment of the natural resources, making use of and the establishment of the naturalresources, main factor market must be with natural not all usages of resources forfoundation, but the natural resources of the owned by public all need to scatter the eachsocial corpus' hand and then can carry out. Therefore, only the explicit natural resourcesuses the real right of the power , then can guarantee the right of the natural resourcesusage power corpus, becoming the law to adjust to control the mechanism. Thisprovides the necessity and possibilities for the recd right's research and practicedapplication and traditional civil law real rights compare to exist not mutually adaptability,can be position in" precise real right" theoretically," precise real right" is also a real right,having the real right to belong to sex. The natural resources uses the power to limit thereal right certainly, is special in the benefit real right. It exists the lack, law of the righttype provision to use the relation define not pure etc. problem of the power and relatedright to the natural resources in the natural resources usage power real right law making;The natural resources usage power real right system on the constitution of the right type,should have the independence and can flow to turn the basic characteristicses, such as sexand limited sex and etc. The natural resources usage power real right system creates tomake the enactment behavior that should match his real right of the real right method.