Each natural resource has a dual identity—also an external manifestation of its social and natural attributes—one identity is... “ Factors of production ” the identity, one layer is “ Ecological factors ” (or environmental element) identity. Currently, natural resources... “ Factors of production ” and “ Ecological factors ” How to manage the relationship between the two and how to fully harness their respective roles are currently the most pressing issues facing ecological civilization development and institutional reform—and also pertain to natural resources. “ Development ” and “ Protection ” The contradiction.

　　In the construction of ecological civilization, the reform of the natural resource asset management system is a pioneering reform. Judging from the guidelines set forth at the 19th National Congress of the Communist Party of China, “ Development ” It is. “ Prioritize conservation and protection. ” on the premise that “ Development ” , and compared to the previous one “ Develop while conserving; conserve while developing. ” Compared to that, it has stronger prerequisites and requires from... “ Spatial pattern, industrial structure, mode of production, lifestyle ” Put it into practice and comprehensively reform the previous situation regarding the development and utilization of natural resources.

　　How to understand the relationship between the resource utilization system and the resource allocation system?

　　From a management system perspective, natural resources “ Factors of production ” Its performance is the primary cause of contradictions; properly manage natural resources. “ Factors of production ” Only by fully leveraging its role and functions can we fundamentally solve [the issue]. “ Development ” and “ Protection ” the contradiction. As for “ Factors of production ” With regard to the processes of resource allocation and resource utilization, these two processes are both based on natural resources as physical entities; yet they can operate independently while complementing each other, together achieving the most efficient use of natural resources.

　　The process of resource utilization gives rise to an utilization system, while the allocation process leads to an allocation system. The utilization system—by realizing the value of utilization—is both the premise and the foundation of the allocation system. In turn, the allocation system serves as the means and form for promoting the optimization of the utilization system. These two systems are mutually dependent and condition each other. Just as arable land can... “ Ownership, contracting rights, and management rights ” Just like the separation of three rights, this approach enables intensive and large-scale utilization of cultivated land.

　　The reason for dividing natural resource management into two major systems is to better clarify the goals and content of institutional design, thereby making the natural resource management system more comprehensive and ensuring that the transfer of resource property rights and resource utilization operate within a rule-of-law framework.

　　The resource utilization and allocation systems adopt different management approaches, respectively.

　　The resource allocation system primarily adopts market-based approaches and operates under a contractual management framework; in contrast, resource utilization management is mainly governed by administrative means and operates under a licensing system. It is essential to apply these two distinct management approaches separately to the administration of natural resources. Take mineral rights management as an example: Currently, China’s mineral rights are granted based on administrative licenses, making them highly administrative in nature and significantly limiting their inherent characteristics as property rights and their potential for market circulation. Given that the current system of property rights licensing no longer meets market demands, it not only hinders the opening up of the natural resource asset property rights market but also undermines the government’s ability to effectively regulate and maintain order in the development of natural resource assets. 2017 Year 7 The Supreme People's Court recently issued the “Interpretation on Several Issues Concerning the Application of Law in the Adjudication of Disputes over Mineral Rights.” This interpretation aims to clarify the legal responsibilities related to the formation and effectiveness of contracts, thereby highlighting the property rights nature of mineral rights. It also seeks to appropriately separate the property-related attributes of mineral rights from their administrative licensing attributes, eliminate unreasonable factors that hinder the transfer of mineral rights, and, in accordance with the law, protect the transfer of mineral rights, safeguard market order, and ensure transactional security.

　　Moreover, examining foreign systems for managing natural resources, we find that property rights over natural resources are established through contracts—whether acquired via application, competitive bidding, or agreement. These contracts are civil contracts entered into by the government, rather than administrative contracts. At the same time, the government issues permits for the development and utilization of these resources. This management system is worth drawing upon.

　　Theoretical Analysis of the Reform of China’s Natural Resource Asset Management System

　　Currently, China has established state-owned institutions for the management of natural resource assets. “ Unified exercise of the duties of owner of natural resource assets owned by all the people. ” and “ Unified exercise of all responsibilities for land use control and ecological conservation and restoration. ” The two newly established responsibilities are key to the reform of the natural resource asset management system.

　　 “ Unified exercise of the duties of owner of natural resource assets owned by all the people. ” Unify the management of currently disparate types of natural resources to achieve... “ Mountains, rivers, forests, fields, lakes, and grasslands ” unified management. However, the responsibilities of the owner of natural resource assets owned by all the people differ from those of the owner of state-owned operational assets; therefore, the State-owned Assets Supervision and Administration Commission cannot, like it does in its capacity as the state’s representative, perform the duties of an investor. The vast majority of natural resource assets owned by all the people cannot—like state-owned operational assets—enter enterprises in the form of equity shares. Instead, their owners derive income through the transfer of usage rights, while also maintaining oversight over how enterprises use these assets.

　　 “ Unified exercise of the duties of owner of natural resource assets owned by all the people. ” and “ Unified exercise of all responsibilities for land use control and ecological conservation and restoration. ” Separate, “ Owner Responsibilities ” The ownership of resource assets and the utilization of these assets—namely, the allocation system and the utilization system—should be managed by a single agency (with the exception of collectively owned land). And... “ Responsibilities for land use control and ecological conservation and restoration ” The core lies in land and spatial planning, under which use controls will be implemented around the land and spatial plan, and ecological restoration will be carried out accordingly. The regulatory agencies here should, based on the land and spatial plan, exercise use-based supervision and hold parties accountable for both the process and outcomes of implementing systems for allocating owner responsibilities and regulating land use.