Study On Real Right Of Natural Resources

With the intdustrializtion of our human society, The mixed contradiction among economy society, population and environment has been sharply flaring up,thus bringing about environmental crises characterized by envirnonment pollution, ecological damage and natural resources exhaustion. After nearly 50 years'self-examination and trying, a lot of countries have decided to take the sustainable development strategy as the only way out to strive for national security and development. Now China is facing the same situation to decide. Reviewing the history and development. Using the natural resources since the setup of China, we can find out that the administrative control is always playing a leading role. This"monopoly model"neglects the ecological and public nature as well as the rareness of the resources; as a result, it leads to the inefficiency of the sustainable development strategy. Examining the monopoly model carefully, many scholars hold that the real right system of natural resourcers based on private right and marketization is the only way to change the present situation of resources use. Because of the lack of efficient stimulation and restraint to the market subject. This article holds that only the objectivity of a thing is defined, can it be made full use and that the construction of real right of the natural resources.The thesis emphasize the private right is the real right of the natural resources's attribute, regulated by the real right law. Meantime to adjust to the speciality of resources, take carefully consideration of Ecosystem attribute, hoping increase ecosystem obligation to carry out to combine the real right law principle of"making the best use of everything"and sustainable development, ensure the reasonable use of natural resources and sustainable development. With comprehending the real righ of natural resources, the thesis hold that construction of real right of the natural resources make a foundation for the trade of the natural resource. At the same time, to perfect the market of natural resources, transform the government functions, change government intervention to service-oriented government, use the supervision and encouragement mechanism of the real right system of natural resources, supervision and encouragement mechanism of real right system of natural resources and economic valuation of this system. The thesis hope the construction of the real right of natural resources can promote the foundation of market of the natural resources.