2005•Unpublished venueRequires access

A Comparison Between Real Right of Natural Resources and Civil Real Right

Huang Yun-jing

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Abstract

In studying the real right system of natural resources from the angle of the civil right,the academe neglects social and ecological attributes of natural resources,which is unfavorable for the protection and sustainable use of natural resources.Therefore by using comparative analysis,this paper distinguishes the real right of natural resources from the real right on right nature,right object,right content and limited settlement,holding that the real right of natural resources is a kind of social rights and differs from the real right which has civil attribute.Based on this,after criticizing the mode of natural resources real right system on hand,the paper puts forward the general mode of structuring the government interference type of the natural resources real right system-government-leading First Market and government-interposing Second Market,which may be beneficial to achieving the sustainable development strategy of natural resources.

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What this paper is about

In studying the real right system of natural resources from the angle of the civil right,the academe neglects social and ecological attributes of natural resources,which is unfavorable for the protection and sustainable use of natural resources.Therefore by using comparative analysis,this paper distinguishes the real right of natural resources from the real right on right nature,right object,right content and limited settlement,holding that the real right of natural resources is a kind of social rights and differs from the real right which has civil attribute.Based on this,after criticizing the mode of natural resources real right system on hand,the paper puts forward the general mode of structuring the government interference type of the natural resources real right system-government-leading First Market and government-interposing Second Market,which may be beneficial to achieving the sustainable development strategy of natural resources.

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Available abstract

In studying the real right system of natural resources from the angle of the civil right,the academe neglects social and ecological attributes of natural resources,which is unfavorable for the protection and sustainable use of natural resources.Therefore by using comparative analysis,this paper distinguishes the real right of natural resources from the real right on right nature,right object,right content and limited settlement,holding that the real right of natural resources is a kind of social rights and differs from the real right which has civil attribute.Based on this,after criticizing the mode of natural resources real right system on hand,the paper puts forward the general mode of structuring the government interference type of the natural resources real right system-government-leading First Market and government-interposing Second Market,which may be beneficial to achieving the sustainable development strategy of natural resources.

Key concepts: Natural resource, Government (linguistics), Exclusive right, Sustainable development, Natural (archaeology), Structuring, Settlement (finance), Business

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