On The Idea Of Resource Sociality And The Implementation Of Its Legal Systems

The idea of law is the principle and spirit embodied in legal practice and rationalthinking, which determines the existence and development of law. The method byChinese and western legal profession to attain the significance of law through theguidance by the natural law provides us a reliable mode and road to investigate theconcept and attributes of resources, and further explore the its sociality and sublimate itto the level of law.Resource is the objective material existing objectively in nature and can be availedalong the development of human beings. The traditional understanding of the attributesof resources can not solve the institutional problems related to resource. We shouldregard resource as part of the humanized nature to explore the unknown social attributes,sociality, to establish systems to adjust the resource relationship between humans for thefair, rational, and effective application of resources.Resource sociality refers to the attributes of all members of the society sharingresources, the consumption of resources promoting social welfare. Based on thehistorical fact that humans jointly own the earth, and facing the plight of resource issuesand puzzlement in development and utilization of resource, resource sociality isdiscovered in the historic relationship between humans and society. And its rationalityand legitimacy can be justified by the social facts existing in the formation andexistence of resource, the development and utilization of the resources, and the source,influence and solution of the resources-related problems. Resource sociality is widelyembodied in the separation of resource ownership, the resource’s material circulationand right circulation, the expansion of resource beneficiaries and people’s differentresource viewpoints in different times.In line with the form and substance elements, resource sociality comes into thecategory of idea. The idea of resource sociality is the one that resources have sociality,which people grasp in practice through rational thinking. It means that resource shouldbe owned by all members of society, resource consumption should promote socialwelfare, and the development, utilization and protection of resource should conform tothe requirements of resource sociality. The idea of resource sociality includes threebasic principles, human-orientation, society-orientation and sustainable development,and four values, fairness, efficiency, order and security. Only the idea of resource sociality is sublimated to an idea of law, can it beobserved generally. As one of ideas of law, the idea of resource sociality, with itsfunctions of directing, adjusting, evaluating and instructing people’s behavior, and byallocating and adjusting resource rights between humans, makes its principles andvalues observed generally in legislation, law enforcement, judiciary, law-abiding, legalsupervision and so on, and the idea of resource sociality is realized.The idea of resource sociality could be achieved by perfecting laws and systems ofresource. In contrast with the idea of resource sociality, the current legal system showssome defects, such as misconfiguration of resource rights, insufficient promotion ofresources efficiency, poor maintenance of resource security and disorder of resourcerights. Against these problems, just systems of resource right should be established withthe constitution as the essential guidance, strict systems of resource power supervisionwith power control as the core task, scientific systems of resource efficiency promotionwith the guidance of market, and stable and reliable systems of resource securitymaintenance with the aim of sustainable development.