Reconstruction of legal principles for property rights protection of bet365 offer resource assets
January 13, 2021 09:27 Source: "Chinese bet365 offer Sciences Journal" Issue 2089, January 13, 2021 Author: Lin Xiaoxiao

Natural resources are the necessary means of production and living for human society,Also an important component of the ecosystem。Traditionally, humans pay more attention to the economic attributes bet365 offer and ignore their ecological attributes,Excessive demands on nature in economic activities,Thus leading to environmental crisis。To ensure comprehensive economic and social development、Coordination、Sustainable,The party and the country attach great importance to the utilization and protection bet365 offer。The "Decision on Several Major Issues Concerning Comprehensively Deepening Reform" adopted by the Third Plenary Session of the 18th Central Committee of the Communist Party of China in 2013 proposed for the first time the improvement of the property rights system for natural resource assets;April 2019,General Office of the CPC Central Committee、The General Office of the State Council issued the "Guiding Opinions on Coordinating and Promoting the Reform of the Property Rights System of Natural Resource Assets" (hereinafter referred to as the "Guiding Opinions") based on the "Overall Plan for the Reform of the Ecological Civilization System",Declared that the natural resource asset property rights system reform (hereinafter referred to as the "reform"), which is the first of the "four beams and eight pillars" of the ecological civilization system reform (hereinafter referred to as the "reform"), has officially entered the implementation stage。

The main task of the reform is to build a property rights system for natural resource assets,Clear the objects of natural resource rights、Right subject、Rights content、Management mechanism and other contents。With the advancement of reform work,The subject of natural resource property rights is further clarified、The management system continues to improve、Property rights and protection systems have been developed。However, due to the complexity bet365 offer in terms of physical and social relationships,Speciality relative to general property,Reform is by no means a simple arrangement、What can be accomplished by coordinating the relationship between existing natural resource rights,It faces several complexities、Basic legal issues,Should be in-depth analysis and careful judgment。

  Coordination of the relationship between bet365 offer and ecological environment

The economic value and ecological value bet365 offer are related to each other,There is also a competitive relationship to a certain extent: the realization of the economic value of resources often means the depletion of ecological value。The latter’s losses are not reflected in the traditional natural resource property rights system,The social cost of development and utilization behavior cannot be fully displayed。Therefore the reform will scientifically design the natural resource property rights system,Confirm its ecological value,Comprehensively and objectively reflect the social costs of resource development and utilization and coordinate the dual values ​​of economy and ecology,As an important task。

The discovery of “new” value often means the expansion of resource types。How to understand or construct the concept of "natural resources" as an object of rights from a dual value perspective,It is the first legal theoretical issue faced by the natural resource asset property rights system in the new era。With the discovery and confirmation of ecological value,There are two possible paths for updating the concept bet365 offer: one is to still use "natural elements that can be used as means of production" as the standard to determine its extension,“Attach” ecological value to specific systems when designing them,To obtain a relatively comprehensive evaluation and reflection of the two values,Thus realizing the "ecologicalization bet365 offer";The second is to expand the concept bet365 offer,Incorporate all natural elements of ecological value,Making "ecological environment resourceful",In this way, the concepts bet365 offer and ecological environment will become the same。It needs to be pointed out,The ecological value of environmental elements in objective form、The implementation method and other aspects are significantly different from the economic value,Humanity’s understanding of it is still in its preliminary stages,In its evaluation method、Quantitative standards and other aspects still face many difficulties。In view of this,The current reform may be based on the more stable path 1 as the implementation plan,And take the relatively ideal path 2 as the ideal goal。Most of the contents of the "Guidance Opinions" reflect the ideas of Path One,The resource forms listed mainly include land、Minerals、Sea area、Water、Forest、Grasslands and other natural resources with relatively significant economic attributes in the traditional sense;However, the requirement to use nature reserves as natural resource registration units also reflects the idea of ​​path two to a certain extent。How to coordinate two quite different ideas in reform,It’s worth thinking about。

  Coordination and synthesis of binary value of bet365 offer resource assets

The paid use bet365 offer is the endogenous driving force for achieving economical and intensive use。As mentioned before,Natural resources are a combination of their economic value and ecological value,The ecologicalization of the concept of "natural resources" requires objective reflection of the ecological value bet365 offer,Include it into its own "price" together with its economic value,To fully reflect the development and utilization costs bet365 offer。Comprehensive on natural resource prices、Coordinate economic value and ecological value,The two need to be measured on the same dimension,This work faces multiple technical and institutional difficulties。

First,The complexity and diversity of ecological values。Eco-system services are the functional carriers of ecological value,The latter is the valuing of the former。It refers to the benefits that human society obtains from ecosystems or environmental elements,It is gradually recognized with the development of ecological science。American scholar Costanza and others summarized it as gas regulation in their pioneering research on ecosystem services、Climate adjustment、Disturbance adjustment、Water Regulation、Water supply、Control erosion and maintain sediment、Soil formation、Nutrient Cycle、Waste Disposal、Pollination、Biological Control、Shelter、Food production、Raw materials、Gene resources、Casual、Culture and other 17 categories。Different from the relatively "pure" economic value of content,The complexity and diversity of ecological values ​​greatly increase the difficulty of objective and comprehensive quantitative evaluation。Secondly,The difference in accounting methods between the two。The economic attributes bet365 offer give them exchange value,A relatively mature market has been formed for it,Enable economic value to be intuitively reflected through price。The ecological value is mainly expressed in maintaining the environment、The background value that carries life,It is difficult for the subject of value to enjoy it exclusively,So it is not easy to form a mature exchange relationship,There is no intuitive and definite scale for its evaluation like the former,There is a risk of incomplete evaluation if you rush to convert it into an amount。Therefore,The two are different in terms of evaluation certainty。Finally,The difference in implementation methods between the two。The economic value bet365 offer is mainly “realized” in one go through consumptive use,Therefore, the value contained per unit space or mass is used as the evaluation dimension,If "yuan/cubic" is used as the accounting unit。The realization of ecological value depends on maintaining the original state of resources,Stable "release",Therefore, the time factor is added to its evaluation dimension,Generally expressed as the amount of matter or function contained in each unit of time and unit of space,If the unit is "salt marsh per hectare·year"。The different evaluation dimensions further increase the difficulty of integrating the two。

On the basis of understanding the difference between ecological value and economic value,"Guiding Opinions" uses the technical means of balance sheet to deal with the value duality bet365 offer,A wise move。But in specific operations, how to put the economic value expressed as "assets" and the ecological value impairment expressed as "liabilities" in the same evaluation dimension,Realize value interaction and synthesis of assets and liabilities,Still testing the management wisdom of decision-makers。

  Reconstruction of the “public rights” theory bet365 offer

The classic Marxist writer pointed out,The key to eliminating exploitation is to eliminate private ownership of the means of production。After the founding of New China,The Communist Party of China organized and carried out three major transformations nationwide,Established public ownership of the means of production,Thus completing the transition to a socialist society。Natural resources are the most important means of production,As early as 1954, the first Constitution of New China confirmed the dominant position of public ownership in the ownership bet365 offer。Article 9 of the "1982 Constitution" details the types bet365 offer and their ownership,The provisions of the Constitution on the ownership bet365 offer have now been basically finalized。With the advancement of the reform of the socialist market economic system,To improve the efficiency of resource allocation and utilization,The General Principles of Civil Law and the Property Law establish natural resource property rights based on the provisions of the Constitution,The concept of "national/collective ownership" (hereinafter referred to as "public ownership") bet365 offer has also become popular among people。However,The identity of the title makes people ignore to a large extent the substantive differences in the background and relationship between the concepts of "public rights" and "(private) ownership" in the traditional sense。

The concept of ownership in the traditional sense refers to the right holder’s possession of the property、Use、Exclusive right to control proceeds and disposition。This concept has developed and matured in capitalist commodity economic relations,Has a strong sense of individualism。Traditional ownership deals with the relationship between the right holder and other subjects,By protecting personal property from arbitrary seizure by others,Guarantee the stability of social and economic relations。State ownership under private ownership also has the same theoretical connotation。The "public rights" bet365 offer arising from the socialist market economic relations are not the same,What it deals with is not mainly the “external” relationship between the right holder and others,It is the "internal" relationship between the rights subject and its internal "members"。In this case,Traditional ownership concepts such as "exclusive control" and "disposal of proceeds from use",Whether it is suitable to handle the social relations between the country as the subject of rights and individual nationals as its members around rights objects such as natural resources,Not a self-evident question。Natural resources are important resources indispensable for individual life and production,The subject of its rights is a relatively abstract group of all citizens or members of collective economic organizations,The specific implementation is entrusted to the government or collective economic organizations,This relationship needs to be adjusted through specific and diverse public and private law norms,Need to re-understand the connotation of “public rights” in theory,Clear its authority,Standardize its authorization procedures、Exercise mechanism and supervision measures。The current normative foundation and theoretical preparation for these contents are still slightly insufficient,It still needs to be improved through normative creation and theoretical interpretation,This is not only a major challenge for legal scholars,It is a rare opportunity。What to expect,Constructing a complete concept of public rights bet365 offer、Theory and system,It may become an outstanding contribution of socialist law with Chinese characteristics to world legal theory。

  (Author’s unit: Institute of Law, Chinese Academy of bet365 offer Sciences)

Editor: Zhang Yueying
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