ISSN 1008-2204
CN 11-3979/C

国有自然资源资产综合性立法的逻辑框架和规则构建

Logical Framework and Construction of Rules for Comprehensive Legislation on State-Owned Natural Resource Assets

  • 摘要: 国有资产法和国有自然资源资产法为国有自然资源资产综合性立法提供嵌入式立法和独立式立法两种立法路径选择。通过识别立法客体的多元属性特征,明确经济效率、生态安全和社会公平的价值目标,国有自然资源资产综合性立法应定位为环境资源法与经济法的交叉法域。立足该法体系定位发现,国有自然资源资产综合性立法的本质是绿色经济立法,因而上述两种立法路径均存在合理性和可行性。依循绿色经济的立法路径,国有自然资源资产综合性立法应以可持续发展为立法目的,以立法客体的分类为立法逻辑,以经营性、生态性和生存性国有自然资源资产的分类体系为立法框架,从基本原则和法律制度两方面展开规则构建。

     

    Abstract: The state-owned assets law and state-owned natural resource assets law provide both embedded and stand-alone legislative options for comprehensive legislation on state-owned natural resources assets. By identifying the pluralistic attributes of the legislative objects of the comprehensive legislation on state-owned natural resource assets, and clarifying the value objectives of economic efficiency, ecological safety and social justice, it is clear that the comprehensive legislation on state-owned natural resources assets should be established as the cross-jurisdiction between the environmental resource law and economic law. Based on the objective of its legal system, it is found that the essence of the comprehensive legislation on state-owned natural resource assets is the green economy legislation, and thus both of the above legislative options are reasonable and feasible. Following the legislative path of green economy, the comprehensive legislation on state-owned natural resource assets should take sustainable development as the legislative purpose, the categorization of legislative objects as the legislative logic, its classification system of operational, ecological and subsistence state-owned natural resource assets as the legislative framework, and construct the rules in terms of basic principles and legal systems.

     

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