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Object Identification Standards Of Country-Owned Natural Resource

Posted on:2019-10-23Degree:MasterType:Thesis
Country:ChinaCandidate:J ZhangFull Text:PDF
GTID:2416330590989643Subject:legal
Abstract/Summary:PDF Full Text Request
With the development of economy,people's demand for natural resources is increasing.There is also a growing number of disputes between the government and people over the ownership of natural resources.The reason of Ebony dispute and Heilongjiang Climate Resources Legislation is that the object identification criteria are unclear.Through sorting out the current“state-owned,doctrine theory,this article holds the opinion that the meaning of the "state-owned" of Article 9 of the Constitution as state ownership,waiting to be formed by legislation.Then the article discusses the concept of natural resources,and clarifies that natural resources are natural,artificial and developmental.Although natural resources are difficult to specify,this article thinks that we should go beyond the physical form of natural resources,as long as we can adopt certain technical means,legal means and peopled ideas,we can solve this problem to some degree.The word "etc." in Article 9 of the Constitution should be regarded as endless list.Therefore,by considering certain standards,the relevant legislature can assign some natural resources to the state.This article believes that legislators should consider four major factors when considering whether they can be classified as national-owned natural resources.They are the elements of finiteness,the elements of public interest,the elements of fair sharing of benefits and the balancing factors of benefits and costs.In the end,the paper applies the four elements to practice.According to the four criteria,we conclude that ebony and climate resources cannot be attributed to the state.
Keywords/Search Tags:natural resources, state ownership, system of ownership, object discrimination criteria, legislation formation
PDF Full Text Request
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