The existing results based on the ecologicalization of property rights，We can create resource rights，to strengthen legal protection of environmental public welfare。In view of the attribute characteristics of natural resources that are very different from objects，Resource rights naturally have the structure and characteristics that are different from property rights，It is difficult to explain and construct the theory of current material rights。From the perspective of content，Resource rights include the ownership of natural resources and the property rights of natural resources。Under the premise of adhering to all the countries and collectives of natural resources in my country，Natural resources His real rights mainly include the following points。

It one，Natural Resources Use Right。This refers to the right to use natural resources as a carrier to engage in production and life，For example, land contract management rights (including cultivated land、Contractive management rights of forest land and grassland)、Water breeding right、Water transport navigation rights, etc.。The exercise of this right will not consume or damage the original object，Can be attributed to the category of traditional benefit rights。Its two，Natural resources seize the right to seize the right (Ralenz calls the right to obtain property)。This refers to the right to obtain natural resources from nature through a certain activity as the right to material and energy required for production and life，If mining rights、Jacking right、Fishing right、hunting right、Animal animal husbandry rights, etc.。Exercise of this right，Make all natural resources as the country due to mining、Defillation、Fishing、Hunting、grazing and other behaviors and become private natural resources products。It is because of this attribute bet365 live casino games of natural resources to capture rights，Some scholars advocate the use of claimization paths to attribute it to the category of claims。But，The path of property rights is obviously better than the way of claimization: first，From the perspective of the attributes of the rights itself and the relationship between people and things，Property rights can more reflect the dominance and utilization of natural resources than creditor's rights; second，From the perspective of the relationship between the right holder and the state agency，The publicity system of property rights and strict collection、The collection procedure is more conducive to restricting illegal violations of state organs than debt; third，From the perspective of the relationship between the right holder and other equal subjects，The validity of real rights to the world is significantly stronger than creditor's rights，It is more conducive to ensuring transaction security of natural resources products。Its three，Rights of Natural Resources。This refers to the right to use environmental capacity discharge of abandoned substances or remaining energy。This is the right to discharge the rights that people often talk about，Such as the right to discharge water、​​Atmospheric pollution right、Carbon emission rights, etc.。Exercise of this right，Make all environmental capacity as a country and collective consumed or damaged due to pollution (generally updated)，It also has attributes that are different from traditional benefits，It should also belong to the category of new rights。

At a certain range and extent，Resource rights have the function of maintaining environmental public welfare。One，Use the right to use natural resources and natural resources to capture rights，to protect environmental public welfare。For example，Fishermen are damaged on the grounds of breeding rights or fishing rights，Perishers who prosecute to pollute fishery waters，Ask it to stop pollution、Restore and governance bet365 live casino games environment, etc.，to protect the ecological environment of the waters。but but，This kind of lawsuit is essentially to maintain property private benefits as the fundamental purpose，It can only protect the environmental public welfare and indirect protection，It should be an environmental private interest litigation，The category that does not belong to environmental public interest litigation。Its two，Use natural resources ownership，to protect environmental public welfare。According to the provisions of laws such as the "Constitution", "Property Law", "Forest Law", "Water Law", "Prairie Law" and "Wildlife Protection Law"，Forest、Grassland、River、Ocean、Natural resources such as wild animals and plants belong to the country owned by the country, that is, the entire people, the owner (the collective is collective)，State -owned property exercise ownership by the State Council on behalf of the state (specifically the governments at all levels and their relevant functional departments exercise)。So，When natural resources and their ecological functions are damaged by reality or potential environmental damage，governments at all levels and its forestry、Fisheries、Ocean、Water conservancy、Land and other functional departments，The right to refer to environmental civil lawsuits (can indirectly protect non -economic environmental public welfare indirectly)。

Theoretically speaking，The environmental protection department can have environmental capacity ownership (its damage is reflected in the reduction of the total amount of environmental capacity and resources of the distribution) as the basis of rights，The environmental civil lawsuit of the representative of the owner of an environmental capacity and resource -resource -resource -owned owner who aims to protect the capacity environmental environment，If request recovery and govern the environment、Compensation for environmental capacity and resource loss, etc.，But fasifying。Typical Bet365 lotto review cases such as the 2002 "Tasman Sea" round of marine oil pollution case。In this case，Tianjin Marine Bureau (as an ecological environment supervision and management department)、Tianjin Fishery and Fisheries Port Supervision and Administration Office (as a natural resource asset management department)、Fishermen and farmers have obtained marine ecological losses respectively (focusing on the loss of marine pollution function) more than 10 million yuan、Loss of marine fishery resources (loss of marine aquatic resources) 18.3 million yuan、Ocean fishing loss (loss of fish fishing production) 17 million yuan。

Since most of our country's natural resources belong to the country's ownership (actually the whole people) or collective，So，The identity of the representative (subject to exercise of rights) as the owner of the country's owners、A lawsuit designed to directly protect natural resources，In terms of nature, it should also belong to the category of environmental public interest litigation。As the scholar said，"The country exists to protect public interests，It has no special interests itself，Public interest is its interests。Strict national interests should be equivalent to public interests "。More，Given the homogeneous or association of natural resources and ecological environment，Protect natural resources，It is also conducive to the protection of the corresponding ecological environment。In this sense，Natural resources ownership litigation also has some attributes of environmental public interest litigation。It should be noted，Taking resources as the right to rights，It does not fully prevent and rescue all environmental hazards，In other words，Natural Resources Ownership Limited to protect the environmental public welfare limitations。

First，Limitation in the scope of applicable。One，Many environmental elements (such as atmosphere、Sunshine) cannot be the object of ownership，Can't set up natural resources ownership on it。French folklordist Marcel Planiol believes: "The property in the Bet365 lotto review legal sense is not those useful things for humans，but those things that can establish ownership，Ocean and air and even the sun is an indispensable thing for holding people's lives，but not property，Because they cannot be a certain person、The interests of the city or the country are set for ownership。"" For example，Cannot control atmospheric pollution through atmospheric ownership，Protecting the air environment。In this sense，Ecological environmental damage compensation lawsuit filed by the ecological environmental protection department based on the administrative order of the ecological environment is based on the order of the administrative order of the ecological environment，There is the necessity of existence。Its two，The premise must be based on the substantive environmental damage of natural resources。Natural resources ownership litigation is mainly suitable for protection of natural resources itself，The protection of ecological products of ecological environment and living environment is obviously insufficient。In other words，Even if a serious environmental pollution occurs,，But if the country's natural resources are not reality,，The state organs have no right to filed a lawsuit that aimed at protecting environmental public welfare。For example，For atmospheric pollution problems (especially urban PM2.5 pollution problems)，Because the consequences of damage to natural resources generally do not occur，National environmental protection organs except for environmental law enforcement，It is difficult to start environmental civil public interest litigation to protect the environment (Filming a lawsuit on the grounds of damage to atmospheric environment，difficult to operate)。Theoretically analysis，Natural resources ownership litigation is mainly applicable to the ocean that causes damage to national fishery resources、Jianghe、Lake pollution problems and forest resources、Destruction of grassland resources and other situations。Its three，Natural resources ownership litigation is mainly applicable to environmental civil public interest bet365 best casino games litigation，It is difficult to apply to environmental administrative public interest litigation。

Next，Layoning of protection timeliness。Reasons for the reason，This traditional environmental infringement relief system based on personal rights and ordinary ownership in the same article，The limitations of personal and property protection are basically similar。This is because of，Only when national natural resources have been obviously damaged or dangerous，。In other words，The protection of the infringement relief system based on natural resources ownership to the protection of the public welfare and ecological environment of economy and ecological environment，Has difficult to overcome。

Last，The indirectness and attachment of the protection。The reason for the same reason the traditional environmental infringement relief system based on ordinary ownership，The limitations of environmental public welfare protection are similar。This is because of，Environmental infringement lawsuit based on natural resources ownership，The litigation marker is the economic environmental public welfare (that is, the natural resources itself)，It can only be attached to the defendant to control the damaged environment to a certain extent (if required to stop the infringement、Restore environment, etc.)，To prevent continues to cause damage to natural resources。But，A decrease in environmental quality that has been caused、Ecological environmental environmental public welfare loss in the decline in ecological environment service functions，but cannot be required to fill。

You must pay special attention to，In many cases，The exercise and realization of resource rights will cause ecological environmental damage。For example，exercise of mining rights often destroy the surface vegetation and groundwater source，Exercise the right to mixing forests will inevitably cause adverse effects on the ecology，exercise of water retrieval may affect the ecological flow of the river，etc.Bet365 lotto review 。So，Under the background of the construction of ecological civilization，For resource rights，The primary task of the law is to make practical norms and powerful constraints (can be regulated by "power -rights" through administrative license，It can also be constrained by "rights -rights" through environmental rights and nature protection land)，To prevent the abuse of the right and cause the waste of natural resources and the damage of the ecological environment。

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