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Research on the Right System of Natural Resources in the Perspective of Ecological Holism

Author: DingPengFei
Tutor: LiBingQiang；WangJiaYao
School: Shanxi University
Course: Legal
Keywords: natural resources economic value ecological value ecological holism right system
CLC: D922.68
Type: Master's thesis
Year: 2012
Downloads: 54
Quote: 0
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Abstract


At present, most scholars at home and abroad protect the interests of the private main by giving them the rights of natural resources, but the rights of the private main and the purpose of environmental protection are usually contradictory. Indirectly achieving the purpose of environmental protection by the way to directly protect the rights of the private subject has significant limitations. Some scholars investigate the change of property right of natural resources under the guidance of the concept of sustainable development, and investigate the structure of property right in the perspective of ecological economy, but these studies still could not jump out of the circle of the private right, including "the property right".The adjustment of natural resources mainly depends on the property right system of natural resources in China, which’s core is the use of natural resources. The design has played an important role in promoting the exploitation and circulation of natural resources since the reform and opening-up is implemented. However, with the rapid development of market economy in the past20years, the property right system of natural resources has been gradually hard to adapt to the new situation and the trend of development, urgently needing to be changed.At present, there are two problems needing to be solved. One is that the right system of adjusting natural resources is too inclined to "the property right"; Another is that the current property right system of natural resources exists many defects. To this end, I use the law expertise, combine with understanding of economics and ecological ethics, learn the advanced experience of foreign countries, analyze the current situation and defects of China’s right system of natural resources through the comprehensive analysis of interdisciplinary research methods, and put forward constructive legal response. The paper consists of four parts, over18000words.Part one focuses on the basic connotation and the value attributes of natural resources. Firstly, the paper introduces the basic connotation of natural resources which consists of the concept of natural resources, the classification of natural resources, and the characteristics of natural resources, and then analyze the economic value and ecological value of natural resources.Part two focuses on the present situation and defects of China’s right system of natural resources. This article undertake comprehensive analysis about the current right system of natural resources from the two aspects of the ownership right of natural resources and the utilizing right of natural resources. On this basis, the problems of the present right system of China’s natural resources were discussed in detail, with these problems being summarized as two. One is that the right system of natural resources is too focused on "the property right", another is the property right system of natural resources itself exists many defects.Part three focuses on the ecological holism’s influence in the right system of natural resources. In this first part, the formation history of ecological holism, the core thought of ecological holism, the essential requirement of ecological holism and the decentralization of ecological holism are explained simply. On this basis, the ideal right system of natural resources has carried on the thorough analysis in the perspective of ecological holism.Part four issues how perfect and construct of the right system of natural resources in the perspective of ecological holism, which is the core part of the paper. In the perspective of ecological holism, this paper approve to perfect the property right system which’s core is the development of the economic value of natural resources, including the ownership right of natural resources and the utilizing right of natural resources, construct the right system of public trust which’s core is the protection of the ecological value of natural resources, including the country’s right of managing natural resources and the citizen’s right of benefiting from natural resources, and achieve the harmony and unity of the property right system and the right system of public trust in the right system of natural resources.The author considers that improving and constructing the right system of natural resources with taking the coordination of the economic value of natural resources as the center and ecological value in the perspective of ecological holism, is really the key to solve these two problems.

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CLC: > Political, legal > Legal > Chinese law > Natural Resources and Environmental Protection Act > Environmental Protection Act
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