13.2 General Framework
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amount of resources, absence of an owner, unclear rights and responsibility, unexercised benefits, and a weak supervision and protection system. These problems
result in frequent disputes over property rights, weak protection of resources, inefficient development and use, and severe ecosystem degradation. Therefore, the reform
requires that the natural resource assets property rights system is improved with a
focus on fulfilling the rights body and based on the investigation and monitoring of
natural resources, as well as their clarification and registration.
The outstanding principle of the guidance is the numerus clausus and equal protection clause. It also calls for the assignation of a body that can exercise control over
the publicly owned natural resources. The property rights system and commissions
should be improved. The legislation on natural resource assets rights should be
improved to equally protect the legal rights and benefits of various rights bodies. The
principle of market allocation and governmental regulation should explore multiple
and effective methods to ensure the owner’s benefits can be realized.
Then, the document develops nine detailed tasks for implementation:
Improving the natural resource assets property rights system. In adapting
to various attributes of natural resources and socio-economic development, and
connecting to terrestrial–spatial planning and regulation of usage and purpose, the
ownership rights and usufructuary rights should be separated. The classified natural
resource assets property rights system should be developed. The relationship between
ownership rights and usufructuary rights of natural resource assets should be welldefined. In terms of water resources, the relationship between water abstraction
rights and mining rights for groundwater, geothermal water, and mineral spring water
should be clarified.
Clarifying property rights holders of natural resource assets. The relevant
legislation should be revised to stipulate that the State Council’s natural resources
administrative department is entitled to exercise unified ownership rights and responsibilities of publicly owned natural resources assets on behalf. The resources list
and management institution of the State Council’s natural resources administrative department should exercise the ownership rights of the publicly owned natural
resource assets that need to be researched and developed. Except for those special
natural resources entitled provincial, prefectural, and county governments to exercise the ownership rights representatively by laws, the resources list and supervision
system need to be explored and developed by entrusting the provincial and prefectural
governments to exercise the ownership rights representatively. The benefits sharing
between the central government and local governments from publicly owned natural
resources assets shall be reformed to rationally regulate the benefit ratio and expenditure structure, and expenditure should be increased on ecological protection and
restoration. The market bodies, including the natural person, the legal person, and
the non-legal organization, should be allowed to equally use natural resource assets,
compete openly, equally, and fairly on the market, and have equal protection under
the law.
Conducting integrated investigation, monitoring, and assessments for
natural resources. The integrated natural resources classified standard should be
281
amount of resources, absence of an owner, unclear rights and responsibility, unexercised benefits, and a weak supervision and protection system. These problems
result in frequent disputes over property rights, weak protection of resources, inefficient development and use, and severe ecosystem degradation. Therefore, the reform
requires that the natural resource assets property rights system is improved with a
focus on fulfilling the rights body and based on the investigation and monitoring of
natural resources, as well as their clarification and registration.
The outstanding principle of the guidance is the numerus clausus and equal protection clause. It also calls for the assignation of a body that can exercise control over
the publicly owned natural resources. The property rights system and commissions
should be improved. The legislation on natural resource assets rights should be
improved to equally protect the legal rights and benefits of various rights bodies. The
principle of market allocation and governmental regulation should explore multiple
and effective methods to ensure the owner’s benefits can be realized.
Then, the document develops nine detailed tasks for implementation:
Improving the natural resource assets property rights system. In adapting
to various attributes of natural resources and socio-economic development, and
connecting to terrestrial–spatial planning and regulation of usage and purpose, the
ownership rights and usufructuary rights should be separated. The classified natural
resource assets property rights system should be developed. The relationship between
ownership rights and usufructuary rights of natural resource assets should be welldefined. In terms of water resources, the relationship between water abstraction
rights and mining rights for groundwater, geothermal water, and mineral spring water
should be clarified.
Clarifying property rights holders of natural resource assets. The relevant
legislation should be revised to stipulate that the State Council’s natural resources
administrative department is entitled to exercise unified ownership rights and responsibilities of publicly owned natural resources assets on behalf. The resources list
and management institution of the State Council’s natural resources administrative department should exercise the ownership rights of the publicly owned natural
resource assets that need to be researched and developed. Except for those special
natural resources entitled provincial, prefectural, and county governments to exercise the ownership rights representatively by laws, the resources list and supervision
system need to be explored and developed by entrusting the provincial and prefectural
governments to exercise the ownership rights representatively. The benefits sharing
between the central government and local governments from publicly owned natural
resources assets shall be reformed to rationally regulate the benefit ratio and expenditure structure, and expenditure should be increased on ecological protection and
restoration. The market bodies, including the natural person, the legal person, and
the non-legal organization, should be allowed to equally use natural resource assets,
compete openly, equally, and fairly on the market, and have equal protection under
the law.
Conducting integrated investigation, monitoring, and assessments for
natural resources. The integrated natural resources classified standard should be