“两统一”视角下自然资源所有权与监管权区分协调对策与建议

    Countermeasures and suggestions for the distinction and coordination between the ownership and supervision rights of natural resources from the perspective of “two unifications”

    • 摘要: 围绕“统一行使全民所有自然资源资产所有者职责,统一行使所有国土空间用途管制和生态保护修复职责”的“两统一”职责,本文分析了自然资源所有权与监管权不分的原因及影响,界定了“两权”行权履职的范围及标准,提出优化所有权与监管权管理的对策建议。研究结果表明:从长远看,可以探索建立专门的自然资源资产管理机构,实现自然资源资产所有权的统一行使和统一管理。近期建议保持现状,由自然资源部行使“两统一”职责,成立由相关部委组成的议事协商机制。一个部门统一行使两种职责的体制下,应加强关键环节所有权与监管权的协调与配合,实现“两权”融合、定位、补位。通过细化资源清单、推动国有资产立法,完善所有权管理制度体系,明确所有权权责范围,推动“两权”职责的明确。通过研究得出,所有权与监管权分别从不同的角度出发,通过不同的管理方式与手段对自然资源保护开发与利用进行管理,在不同的管理环节有独立、有交叉、有制约、有监督。但是,两者不是彼此割裂的,而是相互联系、相互配合的,两者最终服务于统一的主体−全体人民。

       

      Abstract: Focusing on the “two unifications” responsibilities—that is, the unified exercise of ownership responsibilities over all state-owned natural resource assets, and the unified exercise of responsibilities for territorial space use control, ecological protection, and restoration—this paper analyzes the causes and effects of the blurred distinction between ownership and supervision rights over natural resources. It defines the scope and criteria for exercising these two types of rights and proposes measures to optimize their management. The findings suggest that, in the long term, exploring the establishment of a specialized natural resource asset management agency could enable the unified exercise and management of natural resource asset ownership. In the short term, it is advisable to maintain the current arrangement in which the Ministry of Natural Resources carries out the “two unifications” responsibilities, supported by a coordination mechanism involving relevant central ministries and commissions. Under the system where one department exercises both responsibilities, it is essential to strengthen coordination and cooperation between ownership and supervision rights in key areas, so as to achieve integration, proper positioning, and complementarity between the two. The ownership management system should be improved by refining resource inventories and advancing state-owned asset legislation, thereby clarifying the scope of ownership rights and responsibilities and achieving a clear separation between the two rights. Ownership rights and supervision rights manage the protection, development, and utilization of natural resources from different perspectives, through different methods and means. While they operate independently, overlap, constrain, and supervise one another across different management stages, they are not isolated. Rather, they are interconnected and complementary, ultimately serving the same entity—the people as a whole.

       

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