自然资源特许出让协议的性质认定,对于及时解决此类协议产生的争议和更好地维护公益和私益的平衡具有重要意义。自然资源特许出让协议的单纯私法属性观和公法属性观均不可取。结合德国双阶理论的分析,自然资源特许出让协议具有两阶段性,第一阶段为行政许可阶段,属于公法属性,受公法调整;第二阶段为协议的签订和履行阶段,私法属性更为明显,主要受私法调整。但双阶理论认为第二阶段属于完全的私法属性,与现实不符,应当进行修正。第二阶段的协议履行过程,也有部分公法因素。对于因行政机关履行行政优益权而引起的争议属于公法争议,应当适用公法规范;对于因履行协议其他条款引起的争议属于私法争议,应当适用私法规范,这在当前的立法和司法实践中都有所回应。自然资源特许出让协议的性质应认定为公私法混合性质。 The nature of the concession agreement on natural resources is of great significance for the timely resolution of the disputes arising from such agreements and for the better protection of the balance between public welfare and private interests. The concept of private law and the concept of public law of natural resources concession agreement are not desirable. Combined with the analysis of the German double-order theory, the concession agreement on natural resources has two stages. The first stage is the stage of administrative permission, which belongs to the public law and is regulated by public law. The second stage is the stage of signing and fulfilling agreements. , Mainly due to private law adjustment. However, the double-stage theory holds that the second stage belongs to complete private law property, which is inconsistent with reality and should be amended. The second phase of the agreement to fulfill the process, there are some public law factors. The disputes arising from the performance of administrative superiority by administrative organs are public law disputes and should be governed by public law norms. For disputes arising from the fulfillment of other provisions of the agreement, which belong to private law disputes, the private law norms should be applied. In both current legislation and judicial practice Have responded. The nature of the concession agreement on natural resources should be identified as a combination of public and private law.