Research On The System Of State Ownership Of Chinese Natural Resources

Natural resources are included in the scope of legal adjustment because of their huge use value.The main system of legal adjustment of natural resources is to create ownership of natural resources,and the National ownership of natural resources gradually becomes the core of the ownership system.Because these natural resources form the basis and security of human existence and life,they should be essentially owned by the entire people.The legal creation of state ownership is to give the state the responsibility for the management and protection of all resources of the entire people.This "legal state.The dual ownership of the essence of universal ownership is the application of public trust in the field of natural resources management in China.Article 9,paragraph 1 of the constitution of our country on the "dual ownership" of natural resources should be interpreted from the perspective of public trust,and our country’s resources legislation should use the public trust theory as the basis for the creation of state ownership and thus develop the institutional design of state ownership of natural resources.This article is divided into four parts:The first part introduces the theory of state ownership of natural resources based on the multivariate value of natural resources.The first is to define the connotation and extension of natural resources and to recognize and reshape the multiple values of natural resources;The second is the division of natural resources ownership,using the relevant knowledge of economics for auxiliary understanding,and proposes that the National ownership of natural resources is the choice of the times;Finally,the universality and superiority of national ownership system of natural resources are analyzed.In the second part,state ownership of natural resources is a proposition of the times,and the three stages of state ownership of natural resources in China are the period of planned economy and the period of transition before and after the market economy.On the basis of this,the paper simply combs the legislation status of national ownership of natural resources in China.On the basis of examining the experience of the relevant system in the outside world,it will play a positive role in the establishment of the system.The third part is mainly about the many questions facing China’s National ownership system of natural resources.The first is the analysis of the dual subject of "state owned by all people" stipulated in the Constitution,which can not be integrated into the existing ownership knowledge system of civil law,and denies the nature of the private ownership of natural resources;The second is the applicable dilemma caused by the confusion of dual understanding.Who is the real subject? On the basis of the pacification of the existing interpretation scheme,the author puts forward the opinion of the whole people.The last is the analysis of the risk of national ownership of natural resources.In the fourth part,under the premise that the state ownership of natural resources is a public power,the public trust theory is introduced to explain the provisions of "state ownership" of natural resources in China,and under the guidance of this theory,the main body of state ownership of natural resources is constructed.The first is to "confirm" the power exercise mechanism and benefit sharing mechanism of the entire people,so that all people can truly enjoy natural resources;Secondly,in the process of the state representing the whole people in the exercise of natural resources ownership,the establishment of this background around the Ministry of Natural Resources,how the functional integration can make it more representative of the interests of the whole people,and its exercise more in line with the purpose of legislation.