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| Constraints on the State Ownership of Natural Resources from the Perspective of Supply of Public Goods |
| WANG Tian-yan1, GE Shao-yun2 |
| Law School, Zhongnan University of Economics and Law, Wuhan, Hubei, 430074;Law School, Northwest University for Nationalities, Lanzhou, Gansu, 730070 |
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Abstract Institutionally, similar to private ownership, the state ownership of natural resources is thought to be exclusive and dominant. However, considering natural resources are the guarantee of human subsistence, the distribution model based on the state ownership of natural resources solves the problems of "tragedy of the commons" in the use of natural resources, but creates an obstacle for the public to use public natural resources non-exclusively. The public nature of natural resources should not be overwhelmed by exclusive state ownership. The state ownership of natural resources should be of publicity, or include social obligations. The constraint theory of the state ownership of natural resources, an institutional resource of resolving the conflict between the
exclusive nature and the public nature of the state ownership of natural resources in civil law system, is not only a remedy for the state ownership of natural resources, but also a solution to the short supply of public goods.
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Received: 20 February 2015
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2015, Vol. 32 
