Legislative Research Of Natural Resources Under Ecological Civilization

There are many problems on legislation of natural resources in China, such as the serious lag on legislation theory, the conflict among different statutes, the limit of specific rules, the insufficiency of current law, and so on. However, the fundamental problem in this law is the lack of inherent characteristics of ecological legislation.First, the juridical foundation of natural resources legislation has ecological character. It can be seen from ethical basis and values of natural resources. The natural resources law gradually changed from simply protecting natural resources for promoting national economy to ecology of natural resources, so does ethical basis. Legislative value of natural resources contains ecological factor as well, which means it begins to pursue economic value and ecological value of resources, especially focus on the latter, instead of excessive pursuit on just economic value. All above are the representation of pursuing ecological character on legislation of natural resources.Second, due to the analyses of current situation on legislation of natural resources, it can be believed that many statutes of natural resources in China were enacted in the planned economy era and were taken on the legislative guiding idea of economic priority. However, there are some amendments of natural resources trying to change this idea, but it is too slow to observe the obvious effect in practice.Last, the article explores the lack of ecological character on legislation of natural resources in China from legislative theory, legislative principles, and specific rules of natural resources. It emphasizes the necessity of establishing genuine harmony between human and nature and of keeping legislative idea of sustainable ecology. At the same time, it believes that legislation of natural resources should not only follow the ecological rules, but also persist in legislative principles of sustainable ecology. From the aspect of specific rules of natural resources, it is analyzed by three classical institutions, including system of compensation use of natural resources, ecological compensation system, and natural resources protection system, and by some improving proposes.