| Since the middle period of the 20th century, the mixed contradiction among economy, society, population and environment has been sharply flaring up with the industrialization of our human society, thus bringing about environmental crises characterized by environmental 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 of developing and using the natural resources since the setup of China, we can find out that the administrative control is always playing a leading role. (We call it"monopoly model"). 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, ineffectiveness and waste of the natural resources, interrupting the implementation of the sustainable development strategy. Examining the"monopoly model"carefully, many scholars hold that the real right system of natural resources based on private right and marketization is the only way to change the present situation of resources use. (We call it"binary model")Although this new model helps to change the present situation that natural resources are used without any pay, it brings about the potential threats to the sustainable use of resources and the environment protection because of the lack of efficient stimulation and restraint to the market subjects. 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 system of natural resources is based on the thoroughly understanding the nature of the natural resources. The thesis lists five natures of the natural resources, on the base of which it discusses the merits and defects of the monopoly model and binary model, then presents the necessity of constructing a"trisect model"of real right system of natural resources. By making the comparison of nature and the objects between the civil real right system and the real right system of natural resources, this article believes that the real right system of natural resources, the need to implement the sustainable development strategy, is a new independent social right different from the civil real right system. The construction of the real right system of natural resources should be different from the civil real right system, which represents private rights. The rareness and the nature of the resources requires that the construction of this system need efficient programming and market-entrance permitting; the valuation of economic and ecological nature needs the... |
