| In the legal order of modern society, ownership is such a legal concept that doesn't belong to any department of law exclusively. To correct the misunderstanding of state ownership in Chinese context, property on natural resources should be understood as a normal system if we follow the position of the interpretative theory. This normal system comprises four units, namely the fundamental norm, the affirmative norm, the authorized norm and the administrative norm. Broadly speaking, some referral clauses can be regarded as the thread running those four units stated clearly by the Constitution, the property law and the administrative law.State ownership is a double-deck structure which contains the constitutional ownership as well as the civil ownership. This conclusion is based on a theoretical analysis that only the civil ownership can be the bridge between the constitutional ownership and the usufruct of natural resources. As far as the theoretical meditation about state ownership in Chinese academic community is concerned, both of the two polar doctrines which merely interpret state ownership as an absolute public power or a pure private right cannot precisely reflect what happens in transitional Chinese society. Besides, as far as the completeness of legal norms about natural resources is concerned, this research suggests that the difference between "excavation in natural resources" and "non-excavation in natural resources" need to be fully recognized in order to shape different regulations. |
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