Resources Possession

With the society of resource dependence degree deepened further, there are more and more problems produced by resource exploitation. Nowdays, the legal science for resource occupancy right positioning has been controversial. On the use of resources, there is no clear legal provisions.How to make a reasonable resource occupancy rights nature and how to regulate the right position so as to realize the resource exploitation and environmental protection of the double value, has become an important subject in the study of legal theory.Nowadays, explain the resource occupancy rights mainly have two kinds of mainstream theory, one is " quasi property", namely use quasi real right theory rules to solve the problem of resources use, but there are a lot of problems. Another is" the traditional usufruct said," use the traditional usufruct theory rules to explain and regulate resources possession, there are also many problems.Resourceoccupancy rights concept is put forward first by professor Meng Qinguo in his" property two yuan structure theory, the theories of real right system in China".It breaks through the traditional real right law in theory, constitute a self-contained two parts in the system of property rights with an equal and independent real right concept, one is the ownership of property, another is the use of property, respectively, to the ownership and possession to express. Because of water right, mining right, right of fishery resources occupation and taxi management right and other public resources occupancy rights both to utilize the property as the fundamental characteristics, so the two are collectively referred to as the" resource occupancy right", And put the resource occupancy right into right of possession category utilizing the property as the main characteristics of the" Possession ". Resource occupancy rights were consistent with the real right legal and logical interpretation, but the property two yuan structure is major upset to the property system, we can use the new concept on resources property right in line with legal and logical interpretation of real right in the existing property rights structure system. Resource occupancy rights can actually directly attributable to the right, because it has real elements, and is a typical usufruct, just can’t take the traditional property right theory to understand it. Resource occupancy rights as a kind of usufructuary right, there is no legal obstacles, but China" property law" has not provided a kind of usufructuary right. Usufructuary right object has been built on the property, but the new" property law" one hundred and seventeen article extends to the movable object,which is a great progress, it reserves space for resource occupancy rights,but the" property law" siipulates that the fifth statutory principle of property rights and let resource occupancy rights without homes. The source of the problems is that the academia make a strict interpretation for real right legal principle,the principle of statutory real right should be interpreted as loose to reserve space for resource possession as usufructuary right exists, so as to construct the resource occupancy rights" property law" on the basic rules, in order to regulate resources possession and solute the practical use of resources problem bitterly.