A Study On The Problem Of State Ownership Of Natural Resources

Since natural resources were extracted from the land from idea, the occupation and exploitation of natural resources play an important role in human survival and development as the significant material base of human survival and social economic development. As the result of economic development and population expansion, the reliance on natural resources increased, and the scarcity of natural resources has gradually become a heated issue, resources crisis has become a worldwide topic. To achieve the sustainable development of natural resources, and ensure the stable development of politics, economy and culture, all natural resources belongs to the state under the law.The ownership of natural resources owned by the state is an important part of the law in our country such as the Constitution and the "Civil law". Chinese traditional civil law theory defines the state ownership of natural resources as the private sense of right, however, because of its particularity, the purely private rights theory is unable to obtain the reasonable explanation. In response, the academia faced off in the debate of the state ownership of natural resources today, which facilitates the appearance of private rights theory, public rights theory.Definition cannot rely on laws to property belongs to the nature of the law. public law may contains the relationship of private law, and vice versa. The state ownership of natural resources should be defined as the public or private rights through text analysis. In addition to the problem of the essence, the subject, object and power of the state ownership of natural resources also should be analyzed in the article content. First, as the state ownership of natural resources dominated country, due to the abstract and virtual characteristic of the concept, the rights cannot be exercised directly and effectively. Consequently, the State Council becomes the concrete body on behalf of the state. The State Council is the supreme executive organ of the country. Nevertheless, the wide distribution and varieties of natural resources have an adverse impact on the exercise of the rights. In order to achieve the effective use of natural resources, giving local government the state ownership of natural resources is imperative. Second, the natural resources of the state ownership of natural resources, which are different from the natural resources in widespread nature. The natural resources should have economy and scarcity to become the competent object of the natural resources of the state ownership, and the strategic and ecological function can meet the criteria to set up the state ownership of natural resources. Finally, ownership of power is an open system. The four powers to possess, utilize, profit and dispose of the traditional ownership power cannot satisfy the demand of the state ownership of natural resources. The reconstruction on ownership power and emphasis on management power found the solution to "all to use" of natural resources.In conclusion, analysis of the state ownership of natural resources should be based on the legal status. The explanation theory of research methods should be adopted to resolve the dilemma of the state ownership of natural resources, and give full play to its function of the existing law. These efforts guarantee the country’s lawful and legitimate interests of natural resources, promote the development of economy, but also realize the balance of the ecological environment construction, establish the operating mechanism to satisfy the demand of human natural resources, develop in harmony with the ecological environment, and in conformity with the sustainable utilization of natural resources.