On damages compensation system of the state ownership of natural resources

The state ownership of natural resources reflects in the Constitution of the People’s Republic of China, the Civil Code of the People’s Republic of China, and various separate laws on natural resources, which consist of the legal basis of damages compensation of the state ownership of natural resources. The Seed Law of the People’s Republic of China and the Animal Husbandry Law of the People’s Republic of China regulates that the nation owns the sovereignty over germ plasm resources and animal husbandry resources. The sovereignty includes ownership. Due to differences in the types of natural resources, the norms and outcomes of compensation of the state ownership of natural resource are various. As the deficiency in conventional relieves of administrative, civil and criminal remedies, state ownership of natural resources damages also are hard to be covered by environmental public interest litigation. From the perspective of systematic management of mountains, rivers, forests, fields, lakes, grass and sand, it is necessary to recognize that state ownership of natural resources has both public and private attributes, which need benefit balance. There are regulations and practices in compensation for ecological environment damages due to tort to the state ownership of natural resources. The compensation system for ecological environment damages reflects the combination of public and private rights, and the ocean natural resources and ecological damages sets the mode, named public interest litigation procedure can be directly applied to compensation for state ownership of natural resources damages, which is beneficial for saving legislative, law enforcement and judicial costs, thus is the optimal choice.