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Discussion on the Perfection of Natural Resources Real Right System under the Idea of Sustainable Development

Author: GeQingMin
Tutor: XuMingYue
School: Chongqing University
Course: Economic Law
Keywords: Sustainable Development Concept Real Right Traditional Real Right System Natural Resources Real Right
CLC: D923.2
Type: Master's thesis
Year: 2009
Downloads: 108
Quote: 0
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Abstract


In recent years, CPC Central Committee has been clearly put forward to establish and practice the requirements of scientific development concept, which are adhering to people-oriented, establishing comprehensive, coordinated and sustainable development concept, promoting economic, social and people’s all-round development. As one of basic contents of scientific development concept, sustainable development is not only an economic problem, but also a legal question. Nowadays, with the increasing severity of environmental and resources questions, it should be gradually introduced from a policy level into legal matters. Sustainable development is the ultimate concern of real right law. But in a long period of time, traditional real right system didn’t put ecological value and other non-economic value of natural resources into its concept and system, ignored ecological functions of real right law and social obligations of real right. It’s not conducive to the conservation and sustainable use of resources. As a basic legal system of natural resources’ allocation and utilization, real right law should make necessary responses to sustainable development concept, amend the traditional real right system, and make institutional arrangements for sustainability of natural resources. So, by using positivism methodology, historic methodology and comparative methodology, the author focuses on discussing the construction and improvement of natural resources real right system in the study perspective of sustainable development concept. This paper is mainly composed of six parts. Chapter one is preface, starting with the study of subject background, domestic and international researches, research thinking, research approaches, and so on. Secondly, on the basis of explaining the rich contents of sustainable development concept and the basic idea of traditional real right system, chapter two sums up problems of China’s traditional real right system, and points out the conflicts between it and sustainable development concept. Thirdly, with the specific requirements of sustainable development concept to the real right system and the contemporary real right legislation of natural resource ,chapter three and chapter four propose sustainable development concept instead of legal concept of traditional real right system. Fourthly, combining with the legislation status of natural resources in our country, chapter five refers to its perfect strategy. In conclusion, we should set sustainable development concept, innovate traditional real right theory and system, and improve the resources real right legislation, protecting sustainable use of natural resources.

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CLC: > Political, legal > Legal > Chinese law > China and France > Property Rights
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