| 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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