Based on the existing achievements of ecological property law，We can create resource bet365 score，To strengthen legal protection of environmental public welfare。In view of the fact that natural resources have attributes that are completely different from those of objects，Resource bet365 score naturally have different structures and characteristics from property bet365 score，Difficult to explain and construct using current property bet365 score theory。Judging from the content，Resource bet365 score include ownership of natural resources and other property bet365 score of natural resources。Under the premise of adhering to state and collective ownership of my country’s natural resources，In theory, other property bet365 score of natural resources mainly include the following points。

一，Right to use natural resources。This refers to the right to use natural resources as a carrier to engage in production and life，Such as land contract management bet365 score (including cultivated land、Contracted management bet365 score of forestland and grassland)、Aquaculture bet365 score、Water navigation bet365 score, etc.。The exercise of this right will not consume or damage the original property，Can be classified into the category of traditional usufruct bet365 score。Part 2，The right to acquire natural resources (Larenz calls it the right to acquire property bet365 score)。This refers to the right to directly obtain natural resources from nature through certain activities as materials and energy required for production of life，such as mining bet365 score、Harvesting bet365 score、Fishing bet365 score、Hunting bet365 score、Animal husbandry bet365 score, etc.。Exercise of this right，Making the natural resources owned by the country due to exploitation、Felling、Fishing、Hunting、Herding and other behaviors have become privately owned natural resource products。It is precisely because of this attribute of grabbing bet365 score to natural resources，Some scholars advocate adopting the path of creditor’s bet365 score and classifying it into the category of creditor’s bet365 score。However，The path of materialization is obviously better than the path of debtorization: first，From the perspective of the attributes of bet365 score themselves and the relationship between people and things，Real bet365 score better reflect the right holder’s control and utilization of natural resources than debt bet365 score；Second，From the perspective of the relationship between the bet365 score holder and state agencies，Property bet365 score publicity system and strict collection、Compared with creditor's bet365 score, expropriation procedures are more conducive to restraining the illegal and infringing behavior of state agencies；Third，From the perspective of the relationship between the bet365 score holder and other equal subjects，The effect of property bet365 score on the world is obviously stronger than that of debts，More conducive to ensuring the transaction security of natural resource products。Third，Natural resource discharge bet365 score。This refers to the right to use environmental capacity to discharge waste materials or residual energy generated in production and life。This is what people often refer to as the right to emit emissions，Such as water body sewage bet365 score、Atmospheric emission bet365 score、Carbon emission bet365 score, etc.。Exercise of this right，Making the environmental capacity owned by the state and collectives consumed or damaged due to pollution discharge behavior (generally can be renewed)，Also has attributes different from traditional usufruct bet365 score，Should also belong to the category of new bet365 score。

To a certain extent and extent，Resource bet365 score have the function of safeguarding environmental public welfare。One，Use the right to use natural resources and the right to extract natural resources，Come to protect the environment and public welfare。For example，The fishermen claimed that their breeding bet365 score or fishing bet365 score were damaged，Prosecute environmental perpetrators who pollute fishing waters，Ask it to stop pollution、Restore and manage the environment, etc.，Thus protecting the ecological environment of the waters。However，This kind of litigation is essentially aimed at safeguarding private property interests，Only incidental and indirect protection of environmental public welfare can be achieved，Should be an environmental private interest litigation，Not within the scope of environmental public interest litigation。Part 2，Use of natural resource ownership，Come to protect the environment and public welfare。According to the provisions of my country’s Constitution, Property Law, Forest Law, Water Law, Grassland Law and Wildlife Protection Law，Forest、Grassland、River、Ocean、Wild animals and plants and other natural resources are owned by the state, that is, by the whole people (a few are collectively owned)，State-owned property is exercised by the State Council on behalf of the country (specifically, it is exercised by governments at all levels and their relevant functional departments)。Therefore，When natural resources and their ecological functions suffer actual or potential environmental damage，Governments at all levels and their forestry、Fisheries、Ocean、Water Conservancy、Land and other functional departments，The right to initiate environmental civil litigation aimed at protecting economic environmental public interests as a representative of the owner of national natural resources (the country) (can indirectly protect non-economic environmental public interests)。

Theoretically，The environmental protection department can use ownership of environmental capacity (the damage is reflected in the reduction of the total amount of allocable environmental capacity resources) as the basis of bet365 score，As the representative of the state owner of environmental capacity resources, he filed an environmental civil lawsuit aimed at protecting capacity environmental public interests，If requested to restore and manage the environment、Compensation for loss of environmental capacity resources, etc.，But it is far-fetched。Typical cases such as the 2002 "Tasman Sea" marine oil pollution case。In this case，Tianjin Ocean Bureau (as the ecological environment supervision and management department)、Tianjin Fishery Administration and Fishing Port Supervision and Management Office (as the natural resource assets management department)、Fishermen and farmers were each awarded more than 10 million yuan in compensation for marine ecological losses (focusing on the loss of the ocean’s pollution-carrying function)、Loss of marine fishery resources (loss of marine aquatic resources) 18.3 million yuan、Marine fishing losses (fishermen’s fishing production losses) 17 million yuan。

Since most of my country’s natural resources are owned by the state (actually owned by the whole people) or collectively，Therefore，Initiated as a representative of the state owner of natural resources (subject to exercise bet365 score)、Litigation aimed at direct protection of natural resources，It should also fall into the category of environmental public interest litigation。As scholars say，“The state exists to safeguard the public interest，It has no special interests in itself，Public interest is its interest。National interests in the strict sense should be equal to public interests”。Moreover，In view of the identity or correlation between natural resources and ecological environment，Protected natural resources，It is also conducive to the protection of the corresponding ecological environment。In this sense，Natural resource ownership litigation also has some attributes of environmental public interest litigation。Things to note，Based on resource bet365 score，It is not possible to fully prevent and remedy all environmental hazards，In other words，Natural resource ownership litigation has insurmountable limitations in protecting environmental public interests。

First，Limited scope of application。One，Many environmental elements (such as the atmosphere、Sunshine) is not yet an object of ownership，No natural resource ownership can be established on it。French civil lawyer Marcel Planiol believes: “Property in the legal sense is not those things that are useful to humans，But those things over which ownership can be established，The ocean, air and even sunlight are indispensable to sustain human life，But not property，Because they cannot be an individual、City or country interests are assigned ownership。”For example，Air pollution cannot be prevented through air ownership，Protect the air environment。In this sense，An ecological environment damage compensation lawsuit filed by the ecological and environmental protection department based on the judicial execution of an administrative order ordering the restoration of the ecological environment，It is necessary to exist。Part 2，Subject to substantial environmental damage to bet365 score。Natural resource ownership litigation is mainly applicable to the protection of bet365 score themselves，The protection of ecological products for the ecological environment and human settlements is obviously insufficient。In other words，Even if serious environmental pollution occurs，But if the country’s bet365 score are not actually damaged，Then state agencies have no right to initiate lawsuits aimed at protecting environmental public interests。For example，For air pollution problems (especially urban PM2.5 pollution problem)，Because the consequences of damage to bet365 score generally do not occur，In addition to environmental law enforcement by national environmental protection agencies，It is difficult to initiate environmental civil public interest litigation to protect the environment (it is quite far-fetched to file a lawsuit on the grounds of damage to the atmospheric environmental capacity，Difficult to operate)。Theoretical analysis，Natural resource ownership litigation is mainly applicable to oceans that cause damage to national fishery resources、Jianghe、Lake pollution problems and forest resources、Damage problems of grassland resources and other situations。Third，Natural resource ownership litigation is mainly applicable to environmental civil public interest litigation，Difficult to apply to environmental administrative public interest litigation。

Secondly，The lag in protection effectiveness。Find out the reason，This is the same as the traditional environmental tort relief system based on personal bet365 score and ordinary ownership mentioned above，The limitations of personal and property protection are basically similar。This is because，Only when the national natural resources have been obviously damaged or endangered，Only before you can file a lawsuit。In other words，The tort relief system based on the ownership of natural resources protects economic environmental public welfare and ecological environmental public welfare，Has insurmountable hysteresis。

Finally，Indirectness and incidental nature of protection。The reason is the same as the traditional environmental tort relief system based on ordinary ownership as mentioned above，Similar limitations for environmental public welfare protection。This is because，Environmental tort litigation based on natural resource ownership，The subject of the lawsuit is economic environmental public welfare (that is, the bet365 score themselves)，The defendant can only be required to remediate the damaged environment to a certain extent (for example, to stop the infringement、Restore environment, etc.)，To prevent further damage to bet365 score。However，For the degradation of environmental quality that has been caused、Ecological and environmental public welfare losses due to decline in ecological and environmental service functions，But unable to request filling。

What needs special attention is，In many cases，The exercise and realization of resource bet365 score itself will cause damage to the ecological environment。For example，The exercise of mining bet365 score often destroys surface vegetation and underground water sources，Exercising the right to harvest trees will inevitably cause adverse effects on the ecology，Exercising water abstraction bet365 score may affect the ecological flow of the river，Wait。Therefore，In the context of the construction of ecological civilization，For resource bet365 score，The primary task of the law is to effectively regulate and impose strong constraints (it can also regulate "power-bet365 score" through administrative licensing，“bet365 score-bet365 score” constraints can also be carried out through environmental bet365 score and nature conservation easements)，To prevent abuse of bet365 score resulting in waste of natural resources and damage to the ecological environment。

　　(Author’s unit: bet365 score Law Research Center of Beijing Forestry University)