Research On Legislation Of The Natural Resources Basic Law

Under the background of progress in institutional reform on ecological civilization and newly founded natural resource department,the chronic disease of current legal norm of natural resources in China is increasingly exposed.This is reflected in narrow coverage of the fundamental law on surface of the legal system,the arrogated basic law,a lack of distribution of slip laws,management system constraint of inner legal norm,lagging legislative concept and unbalanced content configuration.This is evidently separated from the goal orientation of law of natural resources,namely: balance between private right and public power;giving consideration to economy and ecological benefit;realizing a diversified governance mechanism,synthesized contents and sustainable objective of natural resources.And the legislation of the Natural Resources Basic Law is the inevitable response to obligatory value and sudden construction of separated predicament of the law of natural resources.Specifically,the nature of the Natural Resources Basic Law should be defined as “general public and private law” of “private law” oriented.It takes establishing fundamental philosophy and defining the basic category as the value and goal.It takes filling in the legal gap,optimizing the system architecture,clearing up the basic principle and building the core framework as its functional goal.Legislation of the Natural Resources Basic Law should follow the induction process from individual to commonness.By using the applicable technology of “Extracting Common Factor” for reference,it can realize the clearing of the basic principle of the Natural Resources Basic Law and construction of the core system.