On The Exercising Of State Ownership Of Natural Resources

Natural resources are the material basis for human economic and social development,and it is necessary to strengthen their management and protection through legal norms.my country’s "Constitution","Civil Code" and other laws and regulations have established a relatively complete legal system of natural resources.The national ownership system of natural resources is an important part of the institutional system,and how to exercise this right has always been the core issue of the realization of natural resources countries..From a practical point of view,although the state is constantly exploring,there are still many problems in the exercise of state ownership of natural resources in my country due to insufficient legislation and other reasons.Therefore,it is necessary to further clarify the existing theoretical debates from the theoretical aspect,and reflect on the problems in practice,so as to promote the improvement of the exercise of state ownership of natural resources in my country.To solve the problem of the exercise of state ownership of natural resources,the legal composition of state ownership of natural resources should be clarified.Natural resources are the basic concept of national ownership of natural resources.Although there is no clear definition in the legislation,their connotations can be determined according to their characteristics,and on this basis,the scope of nationally owned natural resources can be clarified.The subjects of state ownership of natural resources are the "state" and "the whole people",but the State Council is the representative of the exercise of rights;its objects include the seven categories of natural resources that are owned by the state as stipulated in the constitution;in terms of content,the rights include possession,use,the positive power of income and disposition,and the negative power when rights are damaged,that is,the right to claim property rights.The legal nature of national ownership of natural resources determines the difference in its exercise.Although there are different viewpoints,the mixed theory of public rights and private rights is more in line with practical needs.The exercise of state ownership of natural resources is based on legal authorization.At present,the legal basis for the exercise of ownership has been clarified in the Constitution,the Civil Code and individual natural resource laws,and a relatively complete legal and policy system has been formed.From a practical point of view,in the exercise of state ownership of natural resources,existing paths have been formed in which the State Council exercises on behalf of the state in a unified manner,and various departments of the State Council and local governments actually exercise rights.In addition,the state is also actively exploring the pilot of the principal-agent mechanism to form a reasonable and effective model for exercising state ownership of natural resources.However,in the exercise of state ownership of natural resources,there are still insufficient authorization for the exercise of state ownership of natural resources,confusion in the exercise of state ownership of natural resources,and excessive exercise of state ownership of natural resources lead to problems such as infringement of private interests,ecological damage,and environmental pollution.This is mainly due to insufficient legislation on the exercise of state ownership of natural resources,lack of constraints and guidance on the exercise of state ownership of natural resources,unclear powers and functions of state ownership of natural resources,difficulty in meeting the actual needs of the exercise mechanism of state ownership of natural resources,and supporting the exercise of state ownership of natural resources.due to lack of system.Therefore,in order to improve the system of national ownership of natural resources,it is necessary to improve the normative system for the exercise of national ownership of natural resources,clarify the principles for the exercise of national ownership of natural resources,improve the functions of national ownership of natural resources,regulate the principal-agent mechanism of national ownership of natural resources,and enrich the principal-agent mechanism.To realize the institutional reconstruction of the exercise of national ownership of natural resources.