認真對待自然資源國家所有權公權說

The public power theory of state ownership of national resources posits that the constitutional provisions on national resources endow the state with the constitutional authority to exercise“public control”over resources collectively owned by the people, and should be understood and applied from a public law perspective. Criticisms of the public power theory within the academic community are unfounded and unconvincing. The widespread rejection of the public power theory stems from fundamental misunderstandings in the academic field, particularly regarding the diversity of ownership concepts and the dialectical relationships between private rights and markets, property and power, and public and private laws. Once these misconceptions are corrected and updated, accepting the public power theory becomes feasible. The public power theory and the private rights theory do not target the same level of matters, nor are they mutually exclusive. While the public power theory focuses on the constitutional-level public rights aspect of state ownership of resources, it does not deny the existence of private rights aspects of state ownership at the civil law level and lays the foundation and conditions for regulating their generation and implementation. The public power theory is characterized by inclusiveness, interpretative construction, practical foresight, scientific regulation and efficiency, aligning with the developmental direction of modern property and resource law and deserves to be taken seriously.