The System Of State Ownership Of Natural Resources

State ownership is defined as a concept of property right in private law in the fieldof traditional civil law of China. It is regarded as a form of ownership together withcollective ownership and private ownership, which represents all the people foroccupying, using, revenging and depositing the natural resources. The main features canbe summarized as unity and uniqueness of the subject and the breadth of the object. Itseems perfect but in fact it has many drawbacks together with the structure of the theorysystem.Under the existing legislation, the attribution system for natural resources is reinedby the property rights.in the Constitution and the Property Law with the otheradministrative laws and regulations which confused the public law system betweenprivate law system which also paid no attention to the basic requirements of the privaterights.The natural resources in the system of ownership have been construed byownership of the state and the collective. But the state which is an abstract concept,can’t specifically implement the rights and abilities. In fact, the ownership of thespecific interest of the natural resources is owned by the people’s governments at alllevels and all departments which are related. The natural resources should be based onall the people’s interests compared with being reined by the governments.Legislators which ignores the special requirements of the ownership system in thenatural resources field of the civil law system, performance too much administrativeintervention and simply focus on administrative management system So in fact therehas been a big loophole and many problems, although the surface looks very perfect,there are many system vulnerabilities. They didn’t consider of the overall design of civillaw system in result of lacking legal scientific character of the whole system.The state ownership of the natural resources should be regulated by the civil lawsystem. In fact it ignores special requirements of the ownership of the civil law and theprinciple of the civil which is stated as “three special qualitative"-specific subject,object and the specific rights and obligations.So this article aims to reflect and re-examine the state ownership of natural resources on the current ownership of the natural resources system basing on nature ofthe rights of property which focusing on the specific subject’s fully disposing onparticular matter.Ownership has special requirements on the structure of the subject and objectmatter. So this article will focus on that to explore the state ownership of naturalresources eligibility as property rights, and put forward recommendations to rebuildnatural resources ownership system and recovery the natural resources ownership tocivil rights significance. In the field of natural resources, starting with the theories andthe experience of other countries’ to re-examine and construct our own natural recoursesattribution system.