The Dilemma And Outlet Of Natural Resource Assets As The Object Of Real Right

At present,China is carrying out the reform of the property right system of natural resource assets.This system reform is not only an important part of the construction of ecological civilization,but also an innovation of the real right system of natural resources.From the perspective of the relationship between the property right and real right of natural resource assets,natural resource assets are a re examination of natural resources from the perspective of asset management.The property right system of natural resource assets is the application and development of the real right system in the field of natural resource assets.From the content stipulated in the property right system documents of natural resource assets,although the existing natural resource assets are based on the scope of natural resources,and both belong to the category of "things" in the civil law,not all natural resources are included in the scope of natural resource assets.Therefore,from the perspective of the policy documents of natural resource property rights,various individual natural resources,natural ecological space and other natural resource assets have been adjusted and standardized as the object of property rights.However,from the legal perspective,there is no clear provision on natural resource assets in China’s current law.The definition of natural resource assets as the object of real right should first consider the relevant provisions of natural resource real right in civil law,and should comply with the general theory of real right.However,the definition of the status of the object of real right of natural resource assets will face great difficulties and challenges if it is directly applied to the theory of the object of real right.First of all,China has long questioned that natural resources should be the object of real right.Secondly,natural ecological space is a collection of many natural resources.Whether taking natural ecological space as the object of property rights of natural resources assets violates the principle of "one thing,one right" needs to be discussed.Finally,the capacity of environmental ecological value whether can become an independent object of natural resource assets also need to be considered.From the fundamental reason,the restriction and dispute faced by all kinds of natural resource assets as the object of real right is the embodiment of the inapplicability of the general identification standard of the object of real right.Under the background of the reform of ecological civilization system and the greening of civil law,the real right system should respond to the needs of ecological and environmental protection,and the judgment standards of the specificity,independence,domination and value of the object of real right should be developed and changed.Specifically,we should judge the independence of the object of real right from the "concept one thing",take the attribution as the substantive requirement of the controllability of the object of real right,and take the ecological value as an important component of the value of the object of real right.From the perspective of interpretation,we can prove the status of natural resources as the object of real right,improve the relevant legal rules,and clarify the status of the object of real right of natural resource assets.Specifically,first,with the help of certain technical means,natural resources such as water resources and wildlife resources can meet the specific requirements in a certain time and space.Second,as a fictitious "ecological thing",natural ecological space can be specified through the definition of space and regional scope.It has the characteristics of independent thing and is the object of real right.Third,environmental capacity resources meet the requirements of the real right object of natural resources and can become an independent type of real right through quantification.We should clarify the real right object status of environmental capacity resources in the interpretation of the real right system of the civil code,and clarify the attribute of environmental capacity resource utilization right of emission right and carbon emission right in special environmental legal norms.