关键词: 自然资源特许经营权, 私权, 财产权, 物权, 用益物权

Abstract:

The franchise right of natural resources is a right, granted by administration, to develop the natural resources within specified area through operator’s prior application. The franchise is key base of resource marketing allocation. It is a core to clarify its legal attribute of franchise right of natural resources, as a main part of natural resource ownership. In principle, the franchise right is a private right bearing attribute of public right. According to the benefits of objects, the private rights can be classified into personal and property rights. The franchise right belongs to the latter. Obligation right can protect the franchise right of natural resources, but can not replace its object right positioning. The both mechanisms, with focus on real right, are mutually working to reach the aims of the franchise right of natural resources. In details, the franchise right of natural resources belongs to the usufructuary right and has become a vital component of usufructuary rights.

Key words: franchise right of natural resources, private right, property right, real right, usufructuary right