The Normative Expression of the System of Regulatory Expropriation of Natural Resources in China
Unified legislation for ecological and environmental protection needs to clearly stipulate the system of regulatory expropriation of natural resources to ensure that public power lawfully restricts the exercise of natural resource property rights and provides comprehensive compensation to rights holders.As an important component of the ecological and environmental code,the system of regulatory expropriation of natural resources should adhere to and reflect the basic principles of interest balance embodied in the ecological and environmental code.The public interest requirements of the regulatory expropriation system should aim to protect the quantity,quality,and ecological functions of natural resources such as forests,wetlands,grasslands,and nature reserves.The regulatory actions regarding natural resources are administrative actions implemented by public authorities to restrict the exercise of relevant rights of civil subjects over natural resources.When the extent of these restrictions on natural resource rights holders exceeds the general social obligations that these rights holders should bear,it constitutes a special sacrifice that warrants compensation.Compensation for regulatory expropriation should cover all losses suffered by the rights holders,with the state as the compensation obligor and the rights holders of the damaged natural resource use rights as the compensation recipients.The compensation process includes the investigation of the status of natural resources,social stability risk assessment,and formulation of compensation plans,public announcement and hearings,and the signing of compensation agreements.
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