Research On Rights To Use Natural Resources Of China

Natural resource is essential elements of human existence, is the material basis for social development, and is also an important part of the ecological environment. Natural resource values will impact the development and utilization of natural resources. It also will impact the rights system of natural resources. Labor theory of value and utility theory of value are insufficient. So, on the one hand, this leads to a waste and damage of natural resources in the process of exploitation. On the other hand, this resulting in defections of natural resource use rights system. Improve natural resource use rights system can solve two problems above.Natural resources’general attributes include ecological attributes, own values and own interests. Its legal attributes include usefulness, scarcity, and ecological disposal, etc. Natural resources can be divided into material resources, environmental capacity resources, self-sustaining resources and comfort resources. From the perspective of property law, natural resources refer to material resources. Natural resource use right is based on non-owner use of natural resources of the narrow property. Natural resource use right means a series of rights. This leads to low efficiency and damages of natural resources.Through analysis, we can know the provisions of the right to use natural resources. We can find some commonality issues, such as the right not clear, right system disorder, circulation system imperfect, registration system imperfect, and compensation system imperfect.Natural resources property rights system of American is reasonable. The rights to use can freely transfer. This will help promote the rational use and protection of natural resources. This can provide a reference for us when we try to improve our use right system.Defects of natural resource use rights system cause above problems. These defects are not on the macro legislation system, but rather on the specific institutional level. So we need to improve specific system. First, we need to clarify its boundaries with other property rights. Second, we need to construct the ’double level’ right system which can lay the foundation for rights management and circulation. Third, we need to perfect right system of circulation, registration and collection. These right systems can provide support for the protection of these rights.