论文部分内容阅读
由于多种矿产资源是战略性物资,许多国家都在其宪法、民法或矿产资源法中规定矿产资源归国家所有。在矿产资源国家所有权的公权或私权属性上,学者们持不同态度。然而,传统公权私权的截然划分已经不能解决包括矿产资源在内的公共物品问题,矿产资源国家所有权兼具公权和私权属性,公权在和私权衔接的同时也在限制着私权的滥用。矿产资源所有权的实现仰仗市场手段下的开发利用,国家所有权人收获税费或权利金,采矿权人取得权利孳息——矿产品,然后换取对价。
Since many mineral resources are strategic commodities, many countries stipulate in their constitutional, civil, or mineral resources laws that mineral resources be owned by the state. Scholars hold different attitudes toward the public or private ownership of national ownership of mineral resources. However, the traditional division of power between the private rights has been unable to solve the problem of public goods, including mineral resources, national ownership of mineral resources both public and private property, public power and private rights while also limiting the private Abuse of power. The realization of the ownership of mineral resources relies on the development and utilization under the market means, and the state ownership person gains taxes or royalties, and the mining rights holder gains the right fruits - mineral products and then exchange the consideration.