Natural resources are necessary production and living materials for human society,It is also an important component of the ecosystem。Traditionally, human beings pay more attention to the economic attributes of natural resources and ignore their ecological attributes,In economic activities, do nothing to obtain naturally,This leads to environmental crisis。To ensure the comprehensive economic and social development、Coordination、sustainable,The party and the country attach great importance to the use and protection of natural resources。The "Decision on Several major issues of comprehensive deepening reforms" adopted by the Third Plenary Session of the 18th Central Committee of the Party in 2013 first proposed to improve the natural resources asset property rights system; April 2019,The General Office of the Central Committee of the Communist Party of China、The General Office of the State Council has issued the "Guiding Opinions on the Reform of the Reform of the Natural Resources Asset Property System" on the basis of the "General Plan for the Reform of the Ecological Civilization System" (hereinafter referred to as "Guidance Opinions"),Announces the reform of the natural resource asset property rights system of the "four beams and eight pillars" in the reform of the ecological civilization system (hereinafter referred to as the "reform") officially entered the promotion and implementation stage。
The main task of reform is to build a natural resource asset property property system,Clarify the object of natural resources、Rights subject、Right content、Management mechanism and other content。With the advancement of reform,The main body of the natural resource property rights is further clear、The management system is continuously improved、Energy and protection Bet365 app download system for property rights。But because natural resources have the complexity of physical and social relations,It is special compared to general property,Reform is by no means simply finishing、Coordination can be completed by the relationship between the rights between natural resources,It faces several complexity、Basic legal issues,In -depth analysis and prudent research and judgment。
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The relationship between the economic and ecological value of natural resources is the relationship between two sides,It also presents a competitive relationship to a certain extent: the realization of resource and economic value often means the consumption of ecological value。The losses of the latter are not reflected in the traditional natural resource property rights system,The social cost of development and utilization failed to be fully displayed。Therefore, the reform will be scientific design of the natural resource property rights system,Confirm its ecological value,Comprehensively and objectively reflect the social costs of resource development and utilization behavior and coordinate the economic and ecological dual value,As an important task。
The discovery of the value of "new" often means expansion of resource type。How to understand or construct the concept of "natural resources" as the object of rights under the perspective of dual value,is the first law theoretical problem faced by the natural resources asset property rights system in the new era。With the discovery and confirmation of ecological value,The concept of natural resources has two possible paths: one is to determine its extension based on the standard of "being able to be used as a natural element for production materials","Add" ecological value to it when designing the specific system,Make the two values get relatively comprehensive evaluation and reflection,to achieve "ecologicalization of natural resources"; the second is to expand the extension of the concept of natural resources,Incorporate Bet365 app download all natural elements with ecological value into it,Make "Ecological Environment Resource",In this way, the concept of natural resources and ecological environment will tend to be the same。What needs to be pointed out is,The ecological value of environmental elements is in an objective form、Implementation method is significantly different from economic value,Human understanding of it is still in the preliminary stage,Method of Evaluation、Quantitative standards, etc. still face many problems。For this,The current reform may be based on a more secure path.,and the relatively ideal path two as the concept goal。Most of the content of "Guidance Opinions" reflects the idea of path 1,Among them, the resource forms listed mainly include land、Mineral、Sea、water、Forest、Grassland and other natural resources with relatively significant economic attributes; but the requirements of natural resources as a natural resource registration unit also reflect the idea of path two to a certain extent。How to coordinate two different ideas in the reform,Is worth thinking about。
Coordination and synthesis of natural resources asset dual value
Payment of natural resources is the endogenous motivation to achieve intensive use。As mentioned earlier,Natural resources are complex for its economic and ecological value,The ecologicalization of the concept of "natural resources" requires objectively reflect the ecological value of natural resources,The one with economic value is included in its own "price",Make the development and utilization of natural resources comprehensively reflected。Comprehensive in the price of natural resources、Coordinate economic and ecological value,You need to measure the two on the same dimension,And the job is facing multiple technical and institutional problems。
First,The complexity and diversity of ecological value。Eco-System Services is a functional carrier of ecological value,The latter is the value of bet365 live casino games the former。It refers to Huiyi obtained from ecosystems or environmental elements from human society,It is gradually recognized with the development of ecological science。American scholar Costanza and others will summarize it as gas regulation in the pioneering research on ecosystem services、Climate adjustment、disturbance adjustment、Water adjustment、Water supply、Control erosion and keep deposits、Soil formation、Nutrition cycle、Waste treatment、Powder、Biological control、refuge、Food production、Raw material、Gene resources、Leisure、Culture and other Category 17。Different from the relatively "pure" economic value,The complexity and diversity of ecological value have greatly improved the difficulty of conducting objective comprehensive and quantitative evaluations。Next,Differences of the two in the accounting method。The economic attributes of natural resources make it exchanged,For the more mature market for its formation,Makes economic value worth it at intuitively。Ecological value is mainly manifested as maintaining the environment、Background value bearing life,It is difficult for the value of the value to exclude him to enjoy,Therefore, it is not easy to form a mature exchange relationship,The evaluation of it lacks the scale as the former as an intuitive determination,Risks that there are incomplete evaluations that have been converted into the amount of rashly。From this,The two are different in evaluation。Last,Differences of the two in the implementation method。The economic value of natural resources mainly uses one -time "monetization" through consumed use of one -time "monetization",Therefore, it uses the value contained in each unit of space or quality as the evaluation dimension,If "Yuan/Cube" is used as an accounting unit。The realization of ecological value depends on the native state of maintaining resources,Stable "Release",Therefore, Bet365 app download its evaluation dimension has added time factor,Generally manifested as the material or functional amount contained in the space per unit time,If it takes "Salt Salt Morge of Hectare" as the unit。Different evaluation dimensions have further improved the difficulty of the two。
On the basis of recognizing the differences in ecological value and economic value,"Guidance Opinions" uses the technical means of balance sheet to deal with the value of natural resources,A wise move。But how to reduce the economic value and expression of expression as "assets" as "liabilities" in specific operations,The value interaction and comprehensive of realizing the value interaction of assets and liabilities,Still testing the management wisdom of decision makers。
Reconstruction of the theory of "public rights" theory of natural resources
Marxist classic writers point out,The key to eliminating exploitation is to eliminate the private ownership of the production materials。After the founding of New China,The Communist Party of China organizes three major transformations nationwide,Established a public ownership of production materials,So as to complete the transition to socialist society。Natural resources are the most important means of production,As early as 1954, the first constitution of New China confirmed the main position of public ownership in the ownership of natural resources。Article 9 of the "82 Constitution" in detail lists the type of natural resources and its ownership,Constitution's regulations on natural resources ownership.。With the advancement of the reform of the socialist market economy system,In order to improve the efficiency of resource allocation and utilization,The General Principles of the Civil Law "The Property Law" establishes natural resource property rights on the basis of the constitutional regulations,The concept of natural resources "national/collective ownership" (hereinafter referred to as "public rights") is also deeply rooted in people's hearts。,The same nature in the bet365 best casino games title makes people largely ignore the concept of "public rights" and the traditional "(private) ownership" concept in which the concept of "(private) ownership"。
The concept of ownership in the traditional sense refers to the owner's possession of property、Use、Elementary dominance rights of income and punishment。This concept is developing mature in capitalist commodity economic relations,It has a strong personalist meaning。Traditional ownership processed the relationship between the right holder and other subjects,By maintaining personal property, it is not arbitrarily invaded by others,Stability of social economic relations。The ownership of the state under the condition of private ownership also has the same theoretical connotation。Natural resources that are born in the socialist market economy relationship "public rights" is not the same,The main process of its treatment is not the "foreign" relationship between the right holder and others,Instead, the "internal" relationship between the subject of the right and its internal "members"。In this case,"Elementary Domination", "Possessing the use of benefits" and other traditional ownership concepts,Is it suitable to deal with social relationships that are suitable for the country with the right of rights and nationalities as their members.,Not a self -explanatory question。Natural resources are an indispensable important resource for individual life production,The subject of its rights is a relatively abstract all national or collective economic organization member,Specific exercise to the government or collective economic organization to exercise,The relationship here needs to be adjusted through specific diversified public and private law specifications,Need to re -understand the connotation of "public rights" in theory,Clarify its power,Standardize its authorization procedure、Exercise mechanism and supervision measures。The current specification foundation and theoretical preparation of these contents are still slightly insufficient,Bet365 lotto review It also needs to be improved through standardized creation and theoretical interpretation,This is not only a major challenge for legal scholars,It is a rare opportunity。You can look forward to,Build a complete concept of public ownership of natural resources、Theory and system,It may be the excellent contribution of socialist law with Chinese characteristics to the theory of world legal theory。
(Author Unit: Institute of Law of the Chinese Academy of Social Sciences)
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