On Climate Resources Development And Utilization Of Legal Regulation

"The natural resources are belonged to the State" is clearly stipulated by Chinese Constitution in the ninth clause. On June14,2012Heilongjiang Province promulgated "The Exploration and Protection Ordinance on Climate Resources in Heilongjiang Province ". The ordinance declares that the climate resources are belonged to the State. The key issue is whether the natural resources contain the climate resources in the country’s Constitution. The article will search the provisions about the ownership of object in several representative countries from civil law theory field. And move forward a single step, the article will summary characteristics that the ownership of object must have in common. By analyzing the concept and the characteristics of the climate resources, the article concluded that the climate resources do not have the characteristics which the property rights object must have. Then the article analyzes the natural resources stipulated in the Chinese Constitution with literal interpretation, historical interpretation, system interpretation and interpretation of the results Orientation as well, make the conclusion that the climate resources are unable to be covered by the ninth provision in constitution. In addition,"Rule" does not conform to our country "Legislation Law" stipulation as well as real principle of statutory real right, also has disobeys in "Administrative Permission Law" in very many aspects. Finally, although the climate resources are not the national property rights object, but because surveys moves itself can have the influence to the public peace and order, therefore, our country may profit from US in carries on the legal rules and regulations to the solar energy rules and regulations aspect success experience to our country climate resources survey and using the behaviors.