认真对待自然资源国家所有权公权说

Taking the Public Power Theory of State Ownership of Natural Resources Seriously

资源国家所有权公权说认为宪法资源国有条款赋予国家对全民所有的公共资源进行“公权性支配”的宪法权力,应从公法角度理解和适用。学界对公权说的批评经不住推敲,难以成立。公权说广遭拒斥的根源在于学界诸多基础性认识偏失,在所有权概念的多样性以及私权与市场、财产与权力、公法与私法的辩证关系等方面认识局限,一旦纠正更新,接受公权说并不困难。公权说与私权说实际指向的并非同一层面事物,二者并非水火不容。公权说虽集中探讨宪法层面的公权性资源国家所有权,但并不否认民法层面私权性资源国家所有权的存在,并为规范其产生和实施奠定基础和条件。公权说具有包容开放、解释建构、现实前瞻、科学规范、便捷高效等优势,符合现代财产权和资源法的发展方向,值得认真对待。

The public power theory of state ownership of national resources posits that the constitu-tional provisions on national resources endow the state with the constitutional authority to exercise"pub-lic control"over resources collectively owned by the people,and should be understood and applied from a public law perspective.Criticisms of the public power theory within the academic community are un-founded and unconvincing.The widespread rejection of the public power theory stems from fundamental misunderstandings in the academic field,particularly regarding the diversity of ownership concepts and the dialectical relationships between private rights and markets,property and power,and public and pri-vate laws.Once these misconceptions are corrected and updated,accepting the public power theory be-comes feasible.The public power theory and the private rights theory do not target the same level of matters,nor are they mutually exclusive.While the public power theory focuses on the constitutional-level public rights aspect of state ownership of resources,it does not deny the existence of private rights aspects of state ownership at the civil law level and lays the foundation and conditions for regulating their generation and implementation.The public power theory is characterized by inclusiveness,interpretative construction,practical foresight,scientific regulation and efficiency,aligning with the developmental di-rection of modern property and resource law and deserves to be taken seriously.