Analysis on ＂State Ownership of Climate Resources＂

• 作者: Jia Feng Xiaobo Bo
• 来源期刊: 气象与环境研究：英文版
• 学科: 农学
• 关键词: 气候资源 所有权 地方性法规 探测活动 气候灾害 经济利益 国家权力 法律
• 年，卷（期）: 2013,（7）
• 页码范围: 39-42
• 页数: 4页
• 分类号: S162.3

摘要

Climate resources are not scarce resources,nor do they conform to basic characteristics of the legal conception of "objects"which is used in the legal context.It is a violation of jurisprudence to assign ownership of climate resources.The provisions of local regulation which stipulate that climate resources belong to the state and government therefore has the jurisdiction over the climate probe activities,which is not only counter to higher laws,but also goes against the Constitution.That makes the provisions invalid.Besides,state ownership of climate resources also creates the possibility for the state to take on liabilities for damage caused by climate disasters.The motivation for the above provisions in local regulation is to acquire the administrative approval rights and economic benefits hiding behind those rights.So the basic principles for exercising state power should be in line with basic jurisprudence and conform with provisions of the Constitution and higher laws.