Research On Allocation Of Natural Resources In The View Of Constitution

Human reproduction is inseparable from the natural resources.The ownership ofinterests in natural resources is inevitable in any society issues.In regard to naturalresources in possession, use, benefits, discipline and so on is always accompanied bya series of problems of natural resource allocation model, changing the allocation rulehas become the starting point of many contradictions.Natural resources as publicproperty, private property alienated executive increasingly common phenomenon.Objectively speaking, China’s natural resources play in natural resourcelegislation resources development, utilization and protection during the undeniablepositive role to play to some extent, protect natural resources, the destruction ofnatural resources to curb the role.However, in real life, about the attribution of naturalresources, use of conflict has never been interrupted, with the shortage of naturalresources, worsening dispute the ownership of natural resources increasinglyprominent.This forces us to reconsider must come from a source of natural resourcesallocation.The main problem lies in: First, a fair distribution of natural resourcesequity display; Second, natural resource use rights transfer system has not reallyestablished; Third, natural resource user rights configured imbalances; Fourthinequalities between the main users of natural resources; five the presence of localgovernment legislation is ultra vires the phenomenon. The field of natural resource allocation arise many problems is our currentlegislative system on natural resources caused by defects.Looking at the currentsituation of China’s natural resources legislation, due to the limitations of the eralegislation, there are obvious flaws in legislation and legislative concepts andtechnology, resulting in real life on the allocation of natural resources and frequentcontroversy, and the lack of effective ways to resolve the dispute.The crux of theproblem lies in our natural resources legislation mainly around natural resources toachieve national ownership and design, which served the dual role of government, haslittle or nothing to protect the rights of the person’s right to use naturalresources.Therefore, natural resources must be assigned into the scope ofconstitutionally guaranteed by our Constitution and constantly improve thesupervision system and the legislative system of natural resources, at the insistencefrom the actual situation and the characteristics of the premise of local naturalresources, and coordinate with the national constitution, law, each single law ofnatural resources and other natural resources, the relationship between the locallegislation.In reality, the executive position of frequent incidents of abuse of power,the NPC play a supervisory function must be taken seriously enough, especially at thelocal administrative organs of public property should not be entitled to the same levelor higher disposition is not specifically controlled Congress, and this level should bereported to the Standing Committee in advance and approved.Must be a clearrelationship between the public authority and civil rights, the prudent use of stateownership, prohibit the expansion of state-owned assets as explained, while the rightsof natural resource users into the security system of property law, the eventualestablishment of an integrated natural resource legislative model.Through thesereforms, not only can reduce the incidence of disputes, more important is therealization of the right to allocate natural resources balance between the interests ofthe public authority body, the collective and the individual.