中国自然资源立法的反思及其完善

Outlook and Improvement of Legislation of Natural Resources in China

近年来,随着我国民主与法制建设的飞速发展,自然资源立法取得了一定成效,自然资源的开发、利用、保护和管理等方面基本实现了有法可依。然而,现行自然资源法存在立法理念明显滞后、立法体系不够合理、法律规范配置失衡、立法重心失之偏颇四大突出问题。为此,要提升立法理念,把可持续发展、生态中心主义与和谐共存的生态文明作为自然资源立法的灵魂;要完善立法体系,制定《自然资源法通则》、《资源节约与综合利用法》、《资源调控法》以及其他急需的资源单行法;要合理配置规范内容,增加权利性规范、程序性规范和可操性规定,完善促进资源优化配置和提高生态系统综合保护能力方面的规范;要建立健全资源调查与评估制度、资源安全影响评价制度、资源生态补偿机制、环境资源综合决策机制以及资源节约与综合利用的"三同时"制度等。

With the dramatic development of democratic and legislative systems in China in recent years, natural resources Legislation has achieved quite achievements, especially in exploitation, utilization, protection and management of natural resources. However, we cannot say it is optimistic for the time being in the field of legislation of natural resources in that the following four causes. First, the legislation philosophy is obviously out of date, Sustainable development is not the main notion of legislation of natural resources. The value of Human Centralism is still widely existed. The philosophy of harmonious co- existence is not actually put into practice. Second, the legislation system is not reasonable, which the legislation of natural resources is mistakenly incorporated into the system of environment protection laws, which is lacking of basic law of natural resources. Third, the legislation system is unbalanced developed. On the one hand, there are so many responsibilities regulations, entity regulations, public law regulations and principle regulations. On the other hand, there are comparatively less rights regulations, procedure regulations, private law regulations and detailed regulations. Fourth, the current law fails to pay enough attention to reasonable allocation of the natural resources, comprehensive utilization of the natural resources and importance of safety of the natural resources. Therefore, it is need to correct or improve our work in the following four aspects： 1. Top development resources. romote the legislation philosophy and set the philosophy of Ecology Orientation, Sustainable and civilization of harmonious co-existence as the spirit for all legislations of natural resources. 2. To complete the legislation system and make General Rules of Natural Resources and some urgent special enactments of natural resources, such as Law of Saving and Comprehensive Utilization of Natural Resources, Law of Adjustment of Natural Resources, and the other necessary specific laws, etc. 3. To balance the object of legislation which add some rights regulations, procedure regulations and practical regulations while better some regulations on comprehensive utilization and protection of natural resources. 4. To establish related evaluation systems, such as Investigation and Evaluation System of Natural Resources, Evaluation System on Impact of Safety of Natural Resources, Compensation System of Natural Resources, Strategic Decision-Making System on Natural Resources, Saveing and Comprehensive Utilization of Natural Resources, etc.