13.2 General Framework
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rules for natural resource assets transfer, leases, and mortgages shall be improved.
The natural resource assets trade platform and service system, as well as the credit
system, should be comprehensively promoted.
Promoting the recovery and rational compensation of the natural eco-space
system. It is necessary to apply both governmental regulation and property rights
incentives to strengthen ecological recovery. The principle of “Who damages must
compensate” should be applied to determine the occupation and compensation for
the eco-space. The ecological and environmental damage compensation system shall
be improved. According to the principle of “who recovers can benefit,” the rights
arrangement, such as the entitlement of usufructuary rights for a certain period, will
be used to incentivize social capital to invest in ecological protection and recovery.
Improving the natural resource assets management and supervision system.
It is necessary to apply the People’s Congress supervision, as well as administrative,
judicial, auditing, and social supervision, to innovate the management methods and
form a synergy to realize a full-process, dynamic, and effective development, use,
and protection of the management and supervision of natural resource assets. The
natural resources supervision agency shall strengthen state-owned natural resource
assets. The State Council’s natural resources administrative department shall report
to the State Council regularly on the state-owned natural resources assets. The local
governments shall report the state-owned natural resource assets to the corresponding
Standing Committee of the People’s Congress and accept their supervision. The
rational and scientific natural resource assets management assessment system shall
be developed and applied through an audit of the leadership. The natural resource
assets damage responsibility and accountability system shall be implemented by the
leadership. The information disclosure system of natural resources property rights
shall be improved to enhance social supervision. Modern IT, such as big data, shall
be fully employed to develop a unified natural resources database and to improve the
management’s effectiveness and efficiency.
Improving the legislative system for natural resource assets property rights.
The legislation related to natural resource assets shall be fully reviewed. Cancelation
or revision shall be made for provisions that are unhelpful for natural resource assets
property rights. The laws on natural resources, including the Water Law, shall be
revised in accordance with the progress on the reforms. The multiple natural resource
assets property rights dispute resolution mechanisms, which link and coordinate the
negotiation, mediation, arbitration, administrative ruling, administrative reconsideration, and litigation, shall be established and improved. Litigations concerning public
interests and compensation for environmental damages compensation shall be fully
practiced. A coordinated trial mechanism for civil, administrative, and criminal cases
concerning natural resource assets property rights shall be constructed.
These three documents develop the natural resource assets reform framework
in China. The General Reform Plan of the Eco-civilization System focuses on the
idea, direction, and fundamental framework; it also develops and improves eight key
systems, with the natural resource assets system being one of them. The Guidance on
the System for Paying and Usage of Publicly Owned Natural Resources deals with the
development and usage of natural resources by applying free-market mechanisms.
283
rules for natural resource assets transfer, leases, and mortgages shall be improved.
The natural resource assets trade platform and service system, as well as the credit
system, should be comprehensively promoted.
Promoting the recovery and rational compensation of the natural eco-space
system. It is necessary to apply both governmental regulation and property rights
incentives to strengthen ecological recovery. The principle of “Who damages must
compensate” should be applied to determine the occupation and compensation for
the eco-space. The ecological and environmental damage compensation system shall
be improved. According to the principle of “who recovers can benefit,” the rights
arrangement, such as the entitlement of usufructuary rights for a certain period, will
be used to incentivize social capital to invest in ecological protection and recovery.
Improving the natural resource assets management and supervision system.
It is necessary to apply the People’s Congress supervision, as well as administrative,
judicial, auditing, and social supervision, to innovate the management methods and
form a synergy to realize a full-process, dynamic, and effective development, use,
and protection of the management and supervision of natural resource assets. The
natural resources supervision agency shall strengthen state-owned natural resource
assets. The State Council’s natural resources administrative department shall report
to the State Council regularly on the state-owned natural resources assets. The local
governments shall report the state-owned natural resource assets to the corresponding
Standing Committee of the People’s Congress and accept their supervision. The
rational and scientific natural resource assets management assessment system shall
be developed and applied through an audit of the leadership. The natural resource
assets damage responsibility and accountability system shall be implemented by the
leadership. The information disclosure system of natural resources property rights
shall be improved to enhance social supervision. Modern IT, such as big data, shall
be fully employed to develop a unified natural resources database and to improve the
management’s effectiveness and efficiency.
Improving the legislative system for natural resource assets property rights.
The legislation related to natural resource assets shall be fully reviewed. Cancelation
or revision shall be made for provisions that are unhelpful for natural resource assets
property rights. The laws on natural resources, including the Water Law, shall be
revised in accordance with the progress on the reforms. The multiple natural resource
assets property rights dispute resolution mechanisms, which link and coordinate the
negotiation, mediation, arbitration, administrative ruling, administrative reconsideration, and litigation, shall be established and improved. Litigations concerning public
interests and compensation for environmental damages compensation shall be fully
practiced. A coordinated trial mechanism for civil, administrative, and criminal cases
concerning natural resource assets property rights shall be constructed.
These three documents develop the natural resource assets reform framework
in China. The General Reform Plan of the Eco-civilization System focuses on the
idea, direction, and fundamental framework; it also develops and improves eight key
systems, with the natural resource assets system being one of them. The Guidance on
the System for Paying and Usage of Publicly Owned Natural Resources deals with the
development and usage of natural resources by applying free-market mechanisms.