自然资源有偿使用权制度研究
发布时间：2019-06-01 16:59
【摘要】：众所周知,自然资源不仅具有的巨大经济价值,同时是生态环境中重要组成部分。实现自然资源价值的重要手段,就是使其能够顺利为人们所开发利用并在市场中有效流转,同时这也是实现资源节约、提高资源利用率、资源可持续的根本途径。我国的自然资源有偿使用权的流转前后经过了大致三个历史阶段:禁止流转阶段、有限制流转阶段、有偿获得和交易阶段。1949年新中国成立后,在一段时间内,只有国家和集体才能享有完整的自然资源所有权,自然资源完全由国家和集体进行利用和分配,禁止自然资源以任何形式流转,甚至其产品的流通也都在行政监管之下。由于对自然资源有偿使用权的取得和流转上的过度限制,导致了经济和生态环境等诸多问题。自改革开放以来,我国建立起来了一套以自然资源单行法律为核心,以部门规章和地方性法规等为主要内容,以其他相关法律法规为辅助和补充的法律制度,适当放宽了对自然资源有偿使用权取得和流转的限制,但依旧在流转上存留有较多的限制性或禁止性内容,导致市场机制的调节机制难以在自然资源有偿使用权的流转市场中发挥作用。随着市场经济的不断推行和发展,土地、矿产资源、林权、海域使用权率先实现了在法律许可的范围内的流转和交易,为建立一个完善的自然资源有偿使用权制度打下了基础。但我国自然资源有偿使用权制度在流转途径、流转登记和价格制度等律法制度方面,仍然有不完善之处,本文从分析自然资源有偿使用权的法律性质入手,尝试完善我国自然资源有偿使用权制度:首先,通过分析自然资源有偿使用权的法律性质,明确自然资源有偿使用权的法律性质是特别法上的物权;其客体自然资源具有的经济价值和生态价值的特殊属性,是其有别于传统用益物权的主要原因。根据自然资源性质和战略价值的不同,自然资源有偿使用权取得和流转的类型也会有所不同,通过完善一级市场的取得方式和二级市场的流转方式,使两者的有效结合,达到优化自然资源有偿使用权配置的目的。我国现阶段自然资源有偿使用权制度体系尚有不完善之处,对我国的包括市场准入制度、登记制度的建设和补充完善,同时建立起一套对自然资源有偿使用权的价格评估制度和最低定价制度,以保障自然资源有偿使用权制度的完整和有序。最后,本文从最基本的、贯穿使用权流转的全过程中的几种基本原则展开,如可持续发展、生态保护优先、政府干涉和市场调节相互配合等,构建包括权利的行使与环境保护、监督与投诉以及法律责任等主要内容,从而设立一整套完整的自然资源有偿使用权制度框架。
[Abstract]:As we all know, natural resources not only have great economic value, but also an important part of the ecological environment. The important means to realize the value of natural resources is to make them develop and utilize smoothly and transfer them effectively in the market. At the same time, this is also the fundamental way to realize resource saving, improve the utilization rate of resources and make resources sustainable. The circulation of paid use rights of natural resources in China has gone through roughly three historical stages: prohibited circulation stage, restricted circulation stage, paid acquisition and trading stage. After the founding of New China in 1949, within a period of time, Only the state and the collective can enjoy complete ownership of natural resources, natural resources are completely utilized and distributed by the state and the collective, and the circulation of natural resources in any form is prohibited, and even the circulation of their products is under administrative supervision. Due to the excessive restrictions on the acquisition and circulation of paid use rights of natural resources, many problems, such as economy and ecological environment, have been caused. Since the reform and opening up, China has established a set of legal systems with separate laws and regulations of natural resources as the core, departmental regulations and local regulations as the main contents, and other relevant laws and regulations as auxiliary and supplementary laws and regulations. The restrictions on the acquisition and circulation of paid use rights of natural resources have been appropriately relaxed, but there are still more restrictive or prohibited contents in the circulation. As a result, the regulation mechanism of market mechanism is difficult to play a role in the circulation market of paid right to use natural resources. With the continuous implementation and development of market economy, the right to use land, mineral resources, forest rights and sea areas has taken the lead in realizing the circulation and transaction within the scope permitted by law, which has laid the foundation for the establishment of a perfect system of paid right to use natural resources. However, the paid use right system of natural resources in our country is still imperfect in the aspects of circulation way, circulation registration and price system. This paper starts with the analysis of the legal nature of the paid right to use natural resources. Try to perfect the system of paid right to use natural resources in our country: first of all, by analyzing the legal nature of paid right to use natural resources, it is clear that the legal nature of paid right to use natural resources is the real right in special law; The special attribute of economic value and ecological value of its object natural resources is the main reason why it is different from the traditional usufruct right. According to the nature and strategic value of natural resources, the types of acquisition and circulation of paid use rights of natural resources will also be different, and the effective combination of the two will be made by perfecting the acquisition mode of the primary market and the circulation mode of the secondary market. To achieve the purpose of optimizing the allocation of paid use rights of natural resources. At the present stage, there are still some imperfections in the system of paid right to use natural resources in our country, including the market access system and the construction and supplement of the registration system in our country. At the same time, a set of price evaluation system and minimum pricing system for the paid use right of natural resources are established to ensure the integrity and order of the paid right to use natural resources. Finally, this paper starts from the most basic principles that run through the whole process of the circulation of the right to use, such as sustainable development, ecological protection priority, government intervention and market regulation, and so on, including the exercise of rights and environmental protection. Supervision and complaint as well as legal liability and other main contents, so as to establish a complete set of paid use of natural resources system framework.
【学位授予单位】：宁波大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D922.68
本文编号：2490436
[Abstract]:As we all know, natural resources not only have great economic value, but also an important part of the ecological environment. The important means to realize the value of natural resources is to make them develop and utilize smoothly and transfer them effectively in the market. At the same time, this is also the fundamental way to realize resource saving, improve the utilization rate of resources and make resources sustainable. The circulation of paid use rights of natural resources in China has gone through roughly three historical stages: prohibited circulation stage, restricted circulation stage, paid acquisition and trading stage. After the founding of New China in 1949, within a period of time, Only the state and the collective can enjoy complete ownership of natural resources, natural resources are completely utilized and distributed by the state and the collective, and the circulation of natural resources in any form is prohibited, and even the circulation of their products is under administrative supervision. Due to the excessive restrictions on the acquisition and circulation of paid use rights of natural resources, many problems, such as economy and ecological environment, have been caused. Since the reform and opening up, China has established a set of legal systems with separate laws and regulations of natural resources as the core, departmental regulations and local regulations as the main contents, and other relevant laws and regulations as auxiliary and supplementary laws and regulations. The restrictions on the acquisition and circulation of paid use rights of natural resources have been appropriately relaxed, but there are still more restrictive or prohibited contents in the circulation. As a result, the regulation mechanism of market mechanism is difficult to play a role in the circulation market of paid right to use natural resources. With the continuous implementation and development of market economy, the right to use land, mineral resources, forest rights and sea areas has taken the lead in realizing the circulation and transaction within the scope permitted by law, which has laid the foundation for the establishment of a perfect system of paid right to use natural resources. However, the paid use right system of natural resources in our country is still imperfect in the aspects of circulation way, circulation registration and price system. This paper starts with the analysis of the legal nature of the paid right to use natural resources. Try to perfect the system of paid right to use natural resources in our country: first of all, by analyzing the legal nature of paid right to use natural resources, it is clear that the legal nature of paid right to use natural resources is the real right in special law; The special attribute of economic value and ecological value of its object natural resources is the main reason why it is different from the traditional usufruct right. According to the nature and strategic value of natural resources, the types of acquisition and circulation of paid use rights of natural resources will also be different, and the effective combination of the two will be made by perfecting the acquisition mode of the primary market and the circulation mode of the secondary market. To achieve the purpose of optimizing the allocation of paid use rights of natural resources. At the present stage, there are still some imperfections in the system of paid right to use natural resources in our country, including the market access system and the construction and supplement of the registration system in our country. At the same time, a set of price evaluation system and minimum pricing system for the paid use right of natural resources are established to ensure the integrity and order of the paid right to use natural resources. Finally, this paper starts from the most basic principles that run through the whole process of the circulation of the right to use, such as sustainable development, ecological protection priority, government intervention and market regulation, and so on, including the exercise of rights and environmental protection. Supervision and complaint as well as legal liability and other main contents, so as to establish a complete set of paid use of natural resources system framework.
【学位授予单位】：宁波大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D922.68
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1 陈晓洁;自然资源有偿使用权制度研究[D];宁波大学;2017年
2 刘文秀;自然资源绩效审计指标体系构建及应用研究[D];河南工业大学;2017年
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