On The Construction Of The Natural Resouses Legal System

The economic and social development needs the natural resources. It is the material foundation of a country. The population is quit large and the pre capita natural resources are rather poor in our country. So the scientific management and disposition are important to the sustainable development of our country and nation. For deeply effected by the planned economy, the natural resources legislation emphasizes the administrative supervision unilaterally and neglects the market allocation for the natural resources under the social market economy condition. So the natural resources law system according with the state of our country should be built up, for it has the great significance to protect the comprehensive value of the natural resources, such as ecological value. In this situation, there are different views about the relationship between the natural resources legal system and the environmental law in the environmental law circle. Being considered as special matter, natural resources can not be inevitable when the daft of the property law made. The scholars in civil law put forward different plans to solve the problem about natural resources. Whether property law regulates the natural resources or not? And how does the property law regulate the natural resources? The views are quit different between the scholars in civil law and in environmental law. Nowadays, even though the Property Law has given out relative prescriptions about natural resources, the theoretic discussion must be constant. The author expounds that the natural resources can be regulated and protected by different law and form different angles. But we should build up the modern natural resources legal system based on studying the foreign legislative experience and the trend of the development of the natural resources law.The article has four parts. The main contents are as follow:The first part mainly discussed the conception of the natural resources legal system, the special characteristic nature of the natural resources, the relationship between the natural resources law and the pollution protection law;The second part introduced the legislative experiences and development of our country and foreign countries form the legislative angle;The third part expounded the rational thinking on the natural resources legal system based on the theoretic and practical basis of the construction of the natural resources legal system.The last part pointed out that we should build up the scientific natural resources law system according with the state of our country.