Study On The Ownership Of Natural Resources

This paper analyzes the problems and disputes existing in the ownership system of natural resources in China from the perspective of legal norms.Firstly,this paper analyzes the legal text of the ownership of natural resources,analyzes the provisions of the ownership of natural resources in the Constitution,the civil code and various separate laws of natural resources,deletes the expression of "owned by the whole people" from the separate law,and comes to the conclusion that "owned by the whole people" and "owned by the state" do not have the same status and effect;"Owned by the whole people" represents the declaration of rights and is at the top of the pyramid of the whole natural resources legal system,but "owned by the state" plays an essential role in the whole natural resources legal system.Secondly,by showing various theories on the nature of state ownership of natural resources,mainly including public right theory,private right theory and mixed theory,this paper believes that when defining the nature of state ownership of natural resources,it should be placed in the whole legal system of natural resources,especially the bridge role of state ownership of natural resources in civil law in the whole legal system,It connects the state ownership in the Constitution with the usufructuary right of natural resources in the civil law,so that the natural resources law can become a system.This paper holds that the ownership and use right of natural resources are separated,and the use types in the single law of natural resources can be divided into free use and licensed use,which reflects the rational use of national ownership of natural resources.Thirdly,taking the "100 billion coal mine case" in Shaanxi Province for example,this paper believes that even raising the competent department to the provincial government department can not solve the problem of local and departmental interests.Therefore,the supervision of the National People’s Congress should be introduced,that is,the special law on natural resources defines the power of the people’s congresses at all levels and their standing committees to supervise the government departments exercising ownership.In addition,taking illegal sand mining in river as an example,this paper studies the loss of natural resources in China.In short,this paper holds that by separating the state ownership and use right of natural resources,and distinguishing the rights of owners and managers of natural resources assets,we can make rational and efficient use of natural resources,and reflect the balance between public ownership of natural resources and individual rights.