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对我国《宪法》中“自然资源属于国家所有”规定的解读是建构和完善我国自然资源产权制度的逻辑前提。宪法中“国家所有”的表述与“国家所有权”概念并非等同,无论把宪法“国家所有”解释为“权力”或者“权利”都无法涵盖这一概念的丰富内涵,也无法体现我国社会主义国家的基本国情。文章从规范法学的角度分析,《宪法》第9条中“国家所有”应解释为社会主义公有制形式之一的国家所有制经济制度,它一方面把公有制消灭剥削、实现共同富裕作为价值目标,另一方面立足于国家权力——公民权利的法律关系,是一种既包含国家权力规范也包含公民权利规范的法律规范体系。
The interpretation of the stipulation that “natural resources belong to the state as a whole” in the “constitution” of our country is the logical premise of constructing and perfecting the system of property rights of natural resources in our country. The expression “state-owned” in the Constitution is not equivalent to the concept of “state ownership” and can not be covered by the concept of “state-owned” as “power” or “right” Rich connotation, can not reflect the basic national conditions of our socialist countries. From the perspective of normative jurisprudence, the Article 9 of the Constitution states that “state ownership” should be interpreted as a state-owned economic system that is one of the forms of socialist public ownership. On the one hand, it takes the public ownership as an objective of the goal of eliminating exploitation and realizing common prosperity On the other hand, it is based on the legal relationship between state power and civil rights and is a system of legal norms that contains both the norms of state power and the civil rights.