Research On Usufructuary Law And Order Of State-owned Natural Resources

Natural Resources are the material foundation for human activities and the origins of economic development. However, human need cannot be completely catered through the use of natural recourses, no matter they are renewable or not, based on the existing economic and technic conditions. Therefore, great importance should be attached to the property right, the use and the management of natural resources.This essay clarifies the basic connotation of the usufructuarylaw and order of stateowned natural resources, by defining “the natural resources” and “the usufructuary law relation” in the first part. Based on the definition and clarification, this essay gives introductions to the natural resource ownership system and the usufructuary law system of state-owned natural resources of China. The existing law system determines that most of the natural resources are owned by the state, but in the positive law, the state or the whole people cannot be the subject of the actual law relationship. Thus the state ownership is exercised by the State Council, and the State Council usually delegates local governments to exercise the power and rights. Problems raise in this kind of law system: first, logical confusions cause the right and obligation relationship disordered; second, functional alienation makes the target of the system operation fallen through; third, outdated systematic ideal violates the ecological system rules. The original reason of these problems is that the state is the owner of the natural resources as well as the governor but there is no distinction between these two kinds of functions. Therefore, the key to establish the usufructuary law system of state-owned natural resources is to distinguish the ownership function of the state from the government function. The premises of establishing the usufructuary law system contain three aspects of theories: the theory and structure of natural resources state ownership, the theory of state obligation, and the holism theory of ecological law system. The most effective way to distinguish the owner function from the governor function is to establish a relatively independent department or commission – Natural Resources Regulatory Commission, to exercise the ownership rights on behalf of the state, including the possession, use, disposition, and benefit rights. The exercising pattern of ownership rights by Natural Resources Regulatory Commission is different from the common subjects of civil law relations exercising the civil rights and obligations. To establish Natural Resources Regulatory Commission is to restore the nature of usufructuary law and order of natural resources, to strengthen the rights and interests of the state, and to protect and relief the public's environment rights.