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The Research on Agricultural Natural Resources Right System

Author: ChenYanLi
Tutor: RenDaPeng
School: China Agricultural University
Course: Economic Law
Keywords: Natural resources Agricultural Resources Rights regime Natural resource rights
CLC: D922.6
Type: Master's thesis
Year: 2005
Downloads: 186
Quote: 1
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Abstract


Agricultural resource industry , protection and rational use of natural resources is the premise and guarantee the sustainable development of agriculture . China since the 1980s has promulgated laws and regulations of the arable land, water , forests , grasslands, and fisheries , has played an important role in the effective protection of natural resources . However, our current resources law and are based on the idea of Administration Law to regulate the use and protection of the resource , stressed that the executive power to safeguard the realization of the state ownership of resources , rather than from the civil rights given to the use of natural resources , regulate and restrict the right to exercise angle to achieve the purpose of resource protection and rational utilization . The current legal system neglect agriculture natural resource property attributes and rigid dynamic circulation is a direct consequence of agricultural natural resources rights system , lack of tradability . In view of this , the article from two levels of awareness and system analysis and evaluation of existing natural resources law rights system , proposed to construct agricultural use of natural resources by the concept of the system of rights , and adhere to a rights-based system of agricultural natural resource rights in law value orientation . Clearly determined by the process of building a system of agricultural natural resource rights , the rights of the agricultural use of natural resources is a prerequisite, a clear relationship between public power and private rights , is inherently reasonable circulation of agricultural natural resources research article that: requirements, effective , reasonable , convenient dispute settlement mechanism is to protect . Specific system improvement goals and major initiatives : the legislative system , the rights of the agricultural use of natural resources into the system of property law , and to be provided in the form of a special law ; the right to property , natural resources rights completely Property Right improve the agricultural system of natural resource rights ; effective implementation of clearly defined administrative privileges of natural resources , in order to promote the public interest and the private interests of harmony ; improve the dispute settlement mechanism , in order to protect the rights of natural resources system .

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