自然资源国家所有权之国家所有制说
徐祥民自然资源国家所有权之国家所有制说
State Ownership of Natural Resources as a State Property System
期刊名称：《法学研究》
期刊年份：
作者：徐祥民
单位：中国海洋大学
中文关键词：自然资源;国家所有权;人权财产权;国家财产制;国家垄断
英文关键词：state ownership;natural resources;property right as a kind of human right;state property system;state monopoly of natural resources
中文摘要：
财产权的宪法史可分为人权财产权和国家财产制两个阶段。自然资源归国家所有是国家财产制的组成部分，是现代宪法创设的用以实现国家目的的手段，其基本特征是国家垄断，其基本工具价值是垄断。以权利观审视自然资源国家所有权，它具有主体的唯一性和权利的专有性、不可变更性和价值优先性等特点。宪法上的自然资源国家所有权的实质是国家权力，是管理权，而非自由财产权。
英文摘要：
Marked by the Soviet Russia Constitution and the Weimar Constitution, property ownership went through two stages in constitution, namely the stage characterized by citizen's ownership of property and the stage characterized by state ownership of property which was opened by the above two Constitutions. The property ownership in the first stage is a part of human right, while in the latter stage, it becomes a part of state property system. According to this, state ownership of natural resources belongs to a state property system, whose main characteristic is state monopoly. In fact, state ownership means the state has the monopolized control over the means of production and the living conditions of human beings. Human right is not a concept that regulates the relationship among natural persons. On the contrary, it is also a monopolized power. Therefore, both the state property system and the property ownership as a part of human right have a monopolistic nature, which is different from the common concept of property ownership whose core element is freedom.The state ownership of natural resources is an exclusive right with the unique subject. For the subjects of duty, the state's monopoly over natural resources not only expropriates them from a certain kind of property, but also deprives their rights to become owners. Moreover, the legal status of the subject of right and the subject of duty can not interchange, and the subject and object of the right are inseparable. At last, the state ownership which serves the goal of common welfare naturally gains priority in value. Therefore, the state ownership of natural resources is not a right, but a power or monopoly. It is a kind of management power which aims to realize the common welfare through management.
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