On The Compensable Usage Right Of Natural Resources System

The natural resource has economic value and ecological value in our daily life.At the same time,it is an irreplaceable part in the ecological environment.Thus,an important means to achieve the value of natural resources is to ensure the circulation of the compensable using right,it is also the fundamental way to realize the resource saving,to improve the utilization rate of natural resources and the sustainable development of resources.The circulation of the compensable right to use natural resources in our country has passed through three historical stages: Prohibition circulation stage,restricted circulation stage.After the founding of new China in 1949,during a period of time,in our country,only the state and collective can enjoy the ownership of natural resources.Natural resources are completely utilized and distributed by the state administrative organs,who prohibit the circulation of natural resources in any form,even the circulation of its products are also under the supervision of administrative means.The excessive restrictions on the transfer of the right to the use of natural resources,has led to many problems such as economy and ecological environment.Since the reform and open policy,our country has set up a set of natural resources law as the core,with departmental rules and local regulations as the main content,other relevant laws and regulations for the supplementary and complementary system,appropriated relaxation of restrictions on the transfer of the right to use natural resources.However,there are still many restrictions or prohibitions on the circulation,the regulation mechanism of the market mechanism is difficult to play a role in the transfer of compensable usage right of natural resources.With the continuous development of market economy,land,mineral resources,forest rights,the right to use sea areas take the lead in realizing the transfer and transaction within the scope permitted by law,which laid a foundation for the establishment of a perfect system of compensable usage right of natural resource.However,the system of compensable usage right of natural resource in China still has a lot of imperfections,such as circulation channel,conversion registration system,price system.This paper attempts to establish and improve the system of compensable usage right of natural resources from the perspective of the nature of the right to the compensable usage right of natural resources:By discussing the legal nature of the right to compensation for the use of natural resources to explicit that the legal character of the compensable using right of natural resources is the usufructuary right in special law.The economic value and ecological attribute of natural resources is the reason why the compensable usage right of natural resources is different from traditional usufructuary right.And tries to put forward some suggestions on the circulation system of the compensable usage right of natural resources in China,through giving the concrete regulations of the types of the compensable usage right of natural resources,and combining the primary market and the parallel market together,to achieve the purpose of optimizing the allocation of the right to use natural resources.And then raise the views and the advices to improve the compensable usage right of natural resources system by improving and perfecting market access system,registration system,price evaluation system,minimum pricing system,in order to ensure the safe and orderly of the the compensable usage right of natural resources system.The last part of this article stars from the legal doctrine,which is the most basic,throughout the whole process of compensable usage right.Such as sustainable development,ecological conservation priorities,government intervention and market interaction,tries to set up a whole set of the main frame of the compensable usage right of natural resources system,which consists of exercise of rights and environmental protection,supervision and complaint,legal responsibility.