Research On The System Of The Right To Use Natural Resources In My Country

With the development of science and technology,people's ability to make use of natural resources has become stronger.However,the misusing of natural resources and the damage of ecological environment has become increasingly serious.To establish a sophisticated system of the right to use natural resources is not only an important way to protect natural resources,but also conducive to the construction of a resource-saving and environment-friendly society.Although China's current civil law,property law,environmental protection law and other laws in relation to natural resources have established a system of the use right of natural resources,in practice,the exercise of the right to use the natural resources of our country has not gotten the effect expected by lawmakers.The key reason for this situation lies in the lack of positive incentives in the system of the right to use natural resources.Therefore,the author believes that full right and tax incentives should be given to the natural resources right users to urge them to reasonablly exercise the right of using natural resources.The power incentive and financial incentives should be granted to the government to promote the positive performance of the management responsibilities of right to use natural resources.Only in this way can we achieve the purpose of protecting natural resources and regulating the use of natural resources,and achieve the goal of protecting the ecological environment in the end.Apart from the introduction and conclusion,this paper is divided into four chapters.Chapter 1 overviews the right to use natural resources and legal incentives.Firstly,it introduces the concept of the right to use natural resources.Secondly,it analyzes the connotation of the legal incentive,which is different from negative incentives that some scholars proposed.Finally,it analyzes the legitimacy and feasibility of the using of the incentive function of law to improve Chinese natural resources use rights.Chapter 2 analyses the problems that exist in the system of the right to use natural resources in China.There are 3 main problems in the Chinese system of natural resources use rights.The first one is the lack of attention to the incentive function in relevant laws and regulations.The second one is the low level of real right nature in the use of natural resources right.The third one is the lack of tax incentives for natural resources right users and the lace of internal incentive for the government administrative organization.Chapter 3 analyzes the causes of the problems of the legal positive incentive.In this part,the author analyzes the causes of the problems in the system of the right to use natural resources in our country,and lays the foundation for the following suggestions.Chapter 4 is about how to improve the system of right to use natural resources in our country.To solve the problems in the Chinese natural resources use rights system,this article put forward suggestions as follows:making a balance between the control and incentive for rights to use natural resources in the relevant laws and regulations,improving the real right nature level in the use of natural resources right,strengthening tax incentives for natural resources right users,strengthening the internal incentive for government.