Legal Studies Of Natural Resources Regulation

Natural resource is the indispensable material basis of human survival and economic development when abundant natural resources support the rapid development of the world industrialized.However,extensive plundering of human makes a great waste of resources and ecological damage which makes a sharp contradiction between resource development and economic development.Thus,it's necessary to use the visible hands of the state in natural resources market and use macro-control to coordinate the relationship between the natural resources and economic development.There are 4 part of this paper.The first part talks about the necessity,feasibility and importance of Natural resources regulation law from the problem of natural resource's scarcity and its intensifying.The second part focuses on the theoretical of economic law and empirical analysis of natural resources regulation.On the basis of theory,define the scope of natural resources regulation,analyze the connection between the natural resources regulation and economic law is the macro-control and discuss the independence of natural resources regulation compared with existing macro-control mode.In the aspect of legal practice,not only combing the existing laws on the regulation of natural resources but also summarizing the law and the short of existing macro-control mode.In the empirical analysis,analysis the pros and the cons of the practice of natural resources regulation by filing classic cases like "Land policy participate in the macro-control","South-to-north water diversion","Afforestation in Youyu"and "Rare earth case".The third part focuses on the experience and lessons of overseas.Classified by developed and developing countries as well as typical resource-based countries,expouned a lot representative systems such as:reserve system,energy saving system,resource replacement system,new energy,premium system,renewable resources,resources tax and participate in the global resources economic governance and we found natural resources provide the continuous power for economic development is the purpose of all management.The success and common experience can be learned for our country when making related policies and law.The fourth part puts forward the path of natural resources regulation which design the general and special regulation of natural resources regulation and explain the procedure such as scientific decision-making,dynamic policy adjustment,moderation of government power.Finally emphasized the legislation guarantee of natural resources regulation,law enforcement and comply with the law.In this paper,we use the following methods:1.Normative analysis.Define the meaning and content of the regulation of natural resources and summarize the existing relevant laws and regulations.2.Empirical analysis.On the one hand,collect the date of the reserves and consumption of resources at home and abroad.On the other hand,quote the typical cases on the natural resources regulation and analysis their pros and cons.3.Economic analysis.Use relevant principle of economics such as cost-benefit analysis to explain the develop and implement of market economy and natural resources regulation system.4.Comparative analysis.By comparing the typical system of extraterritorial on natural resources regulation,we can learn effective extraterritorial experience and achieve localization combined with the status.Our natural resources regulation should have a continuous development on general way and special path to form the macro-control system mechanism covering natural resources and all details of its related industries.At the same time,we ought to strengthen the procedure of natural resources regulation and regulate the behavior of regulation to prevent the"government failure "and thus can guarantee the scientific,dynamic and moderation of regulation.Realize the pattern of natural resources regulation on legislation,law enforcement and law-abiding comprehensively and make economic benefits on basis of clean wter and green mountains.