Legislative challenges and solutions to China's state-owned natural resource asset protection and use planning. (English)
In: China Population Resources & Environment, Jg. 33 (2023-12-01), Heft 12, S. 184-194
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Zugriff:
State-owned natural resource asset planning is a new planning type that promotes the effective exercise of state ownership of natural resources based on the separation of ownership and regulation. Natural resource asset planning integrates ' resource protection' and ' asset utilization,' and presents new characteristics of the ownership objective oriented to value preservation and appreciation and running through the whole chain of ownership of ' resource-asset-resource.' This study finds that natural resource asset planning using ownership as a source of authority is not only different from administrative planning driven by administrative regulatory authority, but also difficult to apply the logic of the private exercise of ' ownership without planning' under the dichotomy of public and private law. As a result, it is faced with legislative challenges such as how to define its legal nature, the mode of exercising the planning rights, the compilation style, and the legal effects. The research results show that, to implement the unique requirements for the exercise of state ownership of natural resources in the context of public ownership, it is necessary to fully explain that the right to asset planning has the unique attribute of ' ownership management,' which transcends both public and private law. Furthermore, a legislative direction for asset planning should be established in the following ways: Firstly, in China's planning system, asset planning is positioned as a special plan for equity under the category of ownership, and the division of labor between it and territorial spatial planning under the category of supervisory authority is clearly defined as ' parallel and connected.' Secondly, in accordance with the hierarchy of executive power entrusted to the state-owned natural resources assets, a 'national, provincial, municipal, and (county)' hierarchical program has been adopted, and the implementation of provincial planning has been added to the coordination function. Thirdly, a ' master planning+catego-rized planning' preparation system has been applied, with the categorized planning measure implementing the principle of 'categorized adjustment' of natural resources, such as land, water, and forests. In addition, in accordance with the process of ' claiming ownership, exercising rights, fulfilling obligations, assuming responsibilities, and realizing rights and interests, ' the management matters and types of indicators for various types of planning have been set. Fourthly, oriented to the performance of asset management, relevant institutions should explore diversified legal effect forms of natural resource asset planning, such as vertical constraints from the provincial level to the municipal level, supervision and assessment from the principal to the agent, and flexible incentives arising from planning to the using subject. [ABSTRACT FROM AUTHOR]
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Titel: |
Legislative challenges and solutions to China's state-owned natural resource asset protection and use planning. (English)
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Autor/in / Beteiligte Person: | Yingfu, HAN |
Zeitschrift: | China Population Resources & Environment, Jg. 33 (2023-12-01), Heft 12, S. 184-194 |
Veröffentlichung: | 2023 |
Medientyp: | academicJournal |
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