Property Right System of Natural Resources in the New Era: Reform and Practice
LUO Shan, SU Shi-peng
The implementation of the principal-agent mechanism in the management of natural resource assets owned by the whole people is an exploratory proposition to realize the effective protection and efficient utilization of natural resource assets. Based on the theory of incomplete contract and the theory of rent dissipation, aiming at the orderly transfer of property rights and the dissipation of rent value reduction, the power mutation logic of the transformation of property rights from "right" to "power" must be deconstructed. It is found through the study that the property rights of natural resource assets have been partially transferred under the guidance of Marx's property rights theory, and then developed into large-scale operation in the framework of dual ownership, while the mutation of power and the transfer of property rights have caused the exercise dilemma represented by the expansion of residual control rights and the structural absence of supervision. It is believed that the tension between government powers and responsibilities should be strengthened to inhibit the expansion of control rights, contributing to the orderly return of property rights from ownership by the whole people to individual operation. Meanwhile, the independence of digital comprehensive supervision must be heightened, and the exercise mode of "universal ownership-legal entrustment-hierarchical agency-partial property rights transfer-comprehensive supervision" could be implemented, avoiding the non-rational rent dissipation of natural resource assets. In this model, there are three ways to achieve. Firstly, control decomposition should build a hierarchical downward mechanism for the residual control rights of natural resource assets, enhance the arrangement of control rights at the same level for the natural resource assets utilization and supervision, and establish a legal and regulatory system with clear powers and responsibilities. Secondly, people related to property right must reduce cross of attributes, conduct scale operation and cut down on property rights conflicts, lowering down the transaction costs and rental value dissipation caused by property rights conflicts among operators. Thirdly, comprehensive oversight is supposed to deepen the construction of digital standardization and expand the space for standardization supervision, and improve the independence of "digital supervision" by utilizing digital government opportunities, strengthening the incentive compatibility mechanism of natural resource asset supervision. More importantly, digital regulation is not only an extension of internal supervision, but the decentralization of regulatory power which is to make the regulatory process and results transparent and the bottom line of ecological protection visible, gradually improving its independence and making it become a "third party supervision" carrier. This is to allow the masses, the media, and group organizations to exercise their supervisory power through the carrier of "digital supervision", and resort to laws and regulations for unreasonable behaviors or phenomena. At the same time, the roles of "manager" and "referee" of the government can be separated.