2011Journal of Nanjing University of TechnologyRequires access

Constitutional Constraint on the State Ownership of Natural Resources

Xiao Ze-sheng

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Abstract

The lack of constitutional constraint on the state ownership of natural resources leads to a consequence that the owner holds the property under his control,and the goal of eliminating exploitation fails to be achieved.The natural resources public trust theory of USA put a constraint on the entity and procedure for representative institutions and governments when they exercise their power of using natural resources.Constitution of the Peoples Republic of China not only includes the regulations on the system of government,the rule of law principle,equality principle,and basic human rights protection,but also contains the constraints on the state ownership of natural resources.The government should distinguish public property from private property in natural resources,and manage them differently through different institutions.The state should make use of the natural resources in the protection of basic civil right,and collect the fee from the users of natural resources for keeping intergenerational equity.

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What this paper is about

The lack of constitutional constraint on the state ownership of natural resources leads to a consequence that the owner holds the property under his control,and the goal of eliminating exploitation fails to be achieved.The natural resources public trust theory of USA put a constraint on the entity and procedure for representative institutions and governments when they exercise their power of using natural resources.Constitution of the Peoples Republic of China not only includes the regulations on the system of government,the rule of law principle,equality principle,and basic human rights protection,but also contains the constraints on the state ownership of natural resources.The government should distinguish public property from private property in natural resources,and manage them differently through different institutions.The state should make use of the natural resources in the protection of basic civil right,and collect the fee from the users of natural resources for keeping intergenerational equity.

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Available abstract

The lack of constitutional constraint on the state ownership of natural resources leads to a consequence that the owner holds the property under his control,and the goal of eliminating exploitation fails to be achieved.The natural resources public trust theory of USA put a constraint on the entity and procedure for representative institutions and governments when they exercise their power of using natural resources.Constitution of the Peoples Republic of China not only includes the regulations on the system of government,the rule of law principle,equality principle,and basic human rights protection,but also contains the constraints on the state ownership of natural resources.The government should distinguish public property from private property in natural resources,and manage them differently through different institutions.The state should make use of the natural resources in the protection of basic civil right,and collect the fee from the users of natural resources for keeping intergenerational equity.

Key concepts: Constraint (computer-aided design), Natural resource, Public property, Property rights, Constitution, State ownership, Government (linguistics), Private property

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