自然资源国家所有权主体的全民性及实现机制

Theoretical Interpretation and Institutional Construction of State Ownership of Natural Resources

自然资源属于国家所有即全民所有,全民是国有自然资源的最终所有者,然而,在实践中,作为国有自然资源真正所有者的"全民"却在国家所有权行使中缺位或虚置,其共同意志和公共利益在自然资源国家所有权行使中难以得到有效体现和保障。因此,要健全和落实自然资源国家所有权制度,首先必须充分理解自然资源国家所有权主体的全民性及其意义,保障全民真正成为享有和行使自然资源国家所有权的主体,彻底解决国家所有权主体虚置所产出的问题,实现自然资源属于"国家所有即全民所有"宪法价值和目的。

The legislative expression about natural resources belonging to ＂the state-owned, that is , to the whole people＂ , is not only a direct provision for the nature of the national ownership to nat-ural resources, but also is a clear expression about the state ownership of natural resources. State- owned natural resources ultimately belong to the people; the exercising of state ownership to natural resources must be consistent with the common will and interests of all. Confirming that the state is the owner of state-owned natural resources benefits the exercise of ownership of the whole people, as well as the protection and realization of public welfare. Through National Peopled Congress, a democratic system/democratic procedure , the common will and interests by all people can be reflected and incar-nated in the construction and exercise of the national ownership to natural resources, to maintain the consistency of state-owned and ownership of all people.