A novel notion,the principal-agent mechanism of natural resource assets owned by all citizens,has been elucidated in the "overall plan of ecological civilization system reform" as the guide to The overall program for advancing the reform.The Guidelines make it unmistakably evident that The State Council grants the Ministry of Natural Resources the authority to assume partial ownership,and this principalagent system of property right of natural resource assets is a novel adaptation to the reform of the property right system in our nation.This system has the dual benefit of administrative and civil trust.entrusts the responsibility of partial ownership to the provincial people’s government and the municipal and prefecture-level people’s government through the principal-agent mechanism.The people’s governments,at two levels,bestow upon state-owned enterprises or public institutions a portion of the ownership role,allowing them to take charge of natural resource assets for their own benefit Among them,the higher government needs to perform the supervision obligation to the lower government,and the lower government needs to perform the obligation of reporting to the higher government,so as to ensure the operation of the ownership performance mode.The reform of the system and the implementation of a performance mode for the ownership of natural resources owned by all citizens have been revolutionized by this system.It provides the legal basis,clarifies the boundaries of this right,and encourages the development of an ecological civilization.This paper delves into the principal-agent mechanism of ownership of natural resource assets,exploring its various facets.Firstly,the status quo of property ownership of natural resources is summarized.By sorting out the status quo of the exercise of the ownership of various types of natural resources,combining the legal provisions of the real right in the Constitution,the Civil Code,and the legal provisions of the separate law on natural resources,the thesis analyzes the topic.The Constitution stipulates that natural resources belong to the state,but it does not include this article in the "Basic rights and obligations of citizens".The Constitution’s legal provisions are sustained by the Civil Code,which incorporates private rights into the possession of natural resources.The laws of natural resources,however,only state that the state holds the right to such ownership,without providing any specific measures for its utilization.Therefore,the exercise of ownership of natural resource assets has become the primary issue at present.Second,summarize the current difficulties and challenges in the exercise of ownership.First of all,there are some legal problems in the exercise of the ownership of natural resource assets owned by the whole people,including the abstract and concrete provisions of the ownership law,the separation of ownership and supervision rights,and the blurring of the boundary between central and local rights.Secondly,there are problems in the practice of the ownership of natural resource assets owned by the whole people,including the lack of norms and ineffective implementation of the ownership of natural resource assets in practice,resulting in confusion in the exercise of rights,inadequate protection measures for natural resource assets,non-standard measures for the use of natural resource assets and so on.The lack of law and the problems in the process of implementation lead to the difficult implementation of the ownership of natural resources assets.Thirdly,the method of authorization + principal-agent should be adopted,and the ownership of natural resources should be managed by professional agents to ensure its correct exercise.In view of the issue of the exercise of ownership,in order to avoid disputes caused by unclear authority,we should clarify the subject and object and specifically point out the specific content of the agent exercise of ownership by the people’s government at two levels on the basis of clarifying the nature of the principal-agent,establish the basis and principle of the division of authority,and the basis,basis and principle of the division.So that resources inventory,resources right registration and other aspects of the specific reflection and implementation.Fourth,the measures to improve the ownership principal-agent mechanism.We will continue to distinguish between ownership and regulatory powers,clarify the specific contents of the principal-agent mechanism for ownership,and implement the realization of the ownership of natural resource assets.Franchising,contracting,and other methods will be employed to revitalize natural resource assets owned by the entire populace,while the income distribution system will be properly managed to safeguard the rightful rights and interests of the people.Law should be employed to refine the principal-agent mechanism of natural resource assets ownership,along with its accompanying supporting systems,and the ownership exercise mode should be perfected in order to more accurately realize the value function of the principal-agent mechanism of natural resource asset ownership.The entirety of the populace possess natural resources;these assets are owned by all,the ownership process is a principal-agent system,and improvements are implemented. |