Systematic Review and Legislative Improvement of the Reform of Unified Right Confirmation and Registration of Natural Resources—From the Perspective of Property Registration
The purposes of this study are to address the institutional deviation problem of"heavy regulation and weak rights"in the registration reform of natural resources,to follow the principle of legal certainty in property rights to define the functions,nature,scope of items,and legal effects of natural resources unified registration,and to provide procedural legal guarantees for the exercise of natural resources ownership rights in the Civil Code.The research methods include normative analysis and system interpretation.The research results show that 1)the current natural resources registration reform pursues a public-private approach that serves ownership and regulatory rights,and the protective public law function of ecological priority guidance is in a dominant position.2)Under the overall registration mode of full coverage,the property attributes of natural resources are ignored and registered without discrimination,the registration of rights is confused with administrative investigation.3)The legal attribute of space registration unit focuses on control and neglects utilization,and lacks the effect of rights protection in property law.4)The registration status of collective natural resources ownership is vague,and to serve the requirements of unified control,the registration items are contained within the state-owned units,which violates the principle of equal protection of property rights.In conclusion,under the category of real rights registration,the paths to realize the public and private goals of natural resources registration are divided according to the exercise and restriction of real rights,and construct the effective relation between the objective of protective public law and the limitation of real rights.It is necessary to add the registration items such as the specific subject of ownership,the source and the way of exercising the rights,and adopt the profit-making object limitation standard of natural resources.The regulatory attribute of space registration should be stripped away,and the effect of property registration under the overall transfer of ecological space assets in the scope of property law should be reconstructed.The scope of registration should shift from full coverage of registered objects to full coverage of rights types,endow collective natural resources ownership registration capabilities in accordance with the principle of equal ownership protection,and highlight the content of rights and interests registration.
unified right confirmation and registration of natural resourcesnatural resources ownershipproperty rightsecological space registration
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