The Constitution Expression Of The State Ownership Of Natural Resources

After the victory of the revolution, the series of legislation of France were under the direction of rational principles of individualism. Marked by the French civil code, continent of Europe and America had established the system of ownership which advocated the individual autonomy, and gradually formed a economic order of free competition and contract supreme, this greatly promote the development of social productivity and prosperity of capitalism. As Marx said: "Ownership are existing in every historical in various ways, it is developing on a completely different social relations" With the transformation of social production mode, the special legal concept which originate from the background of the French revolution which began in the 19 th century does not match with the development of social production, the emergence of a series of social crisis,and the social contradictions intensified to push the country to intervene the social comprehensively. Adapted to the social function theory of ownership or ownership socialization theory arises at the historic moment.Along with the social economy environment and the resources and environment has changed dramatically, especially when we get into the 20 th century, because of the people's power of controlling the nature has geometric growth, the question of the scarcity of natural resources gradually before us. As the natural resources became the basis of human survival and development and the national important material, they directly relates the national economy and people's livelihood.AND different ownership structure directly determines the development and utilization of natural resources, income distribution, and the protection and sustainable development, and many other problems. As the contradiction between human development and resource environment edgy, state ownership of natural resources system gained more and more get the attention of all countries which has a important function in the protection of the sustainable development of society, safeguard generation and generation equity, and promoting fair distribution of resources income effective role and so on,.As ownership of natural resources in our country which has been influenced by the politics and ideology system of state, it followed the state ownership theory in the former Soviet union law, and has been endowed with the characteristics of the new era in the process of the subsequent development. The sixth article of the constitution of the May 4th stipulated the state ownership of natural resources for the first time under the expression of the context of the constitution, marked the system of state ownership of natural resources formally established in our country. With the development of 60 years, originally the target of protecting the natural resources of the national interests as the starting point and set up the national system of ownership is neglect of fairness, and the people took away on the "wrong-way". Then several constitutional text changes as well as the civil law and special law promulgated, let us see the legislation of our country has gradually give up for the state ownership of natural resources in the context of the constitution of particularity, also gave up the distinguish of its ownership in nature with the civil law sense. Although in the constitution of 1982,the legislators shouted that all natural resources were owned to our country, but in the concrete structure of law, the way of adopting the common context of executive power and private in the sense of property all type of the practice of confusion, gradually eliminated the legitimate share earnings results, which owned to all members of society rightfully. So we have to re-examine the ideological roots of the state ownership of natural resources, prevented the tendency of the state ownership of ten natural resources which was changing tend to the “Right in rem”", defined the context of the constitution strictly, and in the hope of the constitution as the commander-in-chief, in order to control the state ownership of the natural resources all-round, made the building of the system confirm to the original intention.