二、健全自然资源资产产权制度 II. Improving the System of Property Rights for Natural Resource Assets
(五)建立统一的确权登记系统。坚持资源公有、物权法定,清晰界定全部国土空间各类自然资源资产的产权主体。对水流、森林、山岭、草原、荒地、滩涂等所有自然生态空间统一进行确权登记,逐步划清全民所有和集体所有之间的边界,划清全民所有、不同层级政府行使所有权的边界,划清不同集体所有者的边界。推进确权登记法治化。
5. Establishing a unified system for determining and registering ownership
The owners of natural resource assets of all types throughout all Chinese territorial space will be determined in accordance with the principles that all natural resources in China are publicly owned and all property rights are legally prescribed. Ownership of all natural ecological spaces including water flows, forests, mountains, grasslands, uncultivated land, and tidal flats will, according to a unified system, be determined and registered. Clear lines will be gradually delineated to distinguish between assets owned by the whole people and assets collectively owned, ownership by the whole people and ownership operated by different levels of government, and between different collective owners. The rule of law will be strengthened in the determination and registration of ownership.
(六)建立权责明确的自然资源产权体系。制定权利清单,明确各类自然资源产权主体权利。处理好所有权与使用权的关系,创新自然资源全民所有权和集体所有权的实现形式,除生态功能重要的外,可推动所有权和使用权相分离,明确占有、使用、收益、处分等权利归属关系和权责,适度扩大使用权的出让、转让、出租、抵押、担保、入股等权能。明确国有农场、林场和牧场土地所有者与使用者权能。全面建立覆盖各类全民所有自然资源资产的有偿出让制度,严禁无偿或低价出让。统筹规划,加强自然资源资产交易平台建设。
6. Establishing a system of property rights for natural resources within which rights and responsibilities are explicit
A list of rights will be developed to specify the rights of ownership for all types of natural resource assets. The relationship between ownership rights and use rights will be properly dealt with. New forms of collective ownership and ownership by the whole people will be created. With the exception of natural resources which are ecologically important, the ownership rights and use rights for all other natural resources can be separated. It will be made clear who has the right to possess, use, benefit from, or dispose of natural resources, and corresponding rights and responsibilities will be clarified. The right to sell, transfer, and rent out use rights, as well as the right to use them as collateral, as the basis of a loan guaranty, or to gain an equity stake, will all be suitably expanded. The roles of owners and users of land on which state-owned farms, forests, and pastures are located will be clearly defined. A complete system for sale will be established covering all types of natural resource assets owned by the whole people, while the uncompensated transfer of rights or their sale at excessively low a price are to be strictly forbidden. We will draw up an integrated plan for strengthening efforts to develop a natural resource asset exchange.
(七)健全国家自然资源资产管理体制。按照所有者和监管者分开和一件事情由一个部门负责的原则,整合分散的全民所有自然资源资产所有者职责,组建对全民所有的矿藏、水流、森林、山岭、草原、荒地、海域、滩涂等各类自然资源统一行使所有权的机构,负责全民所有自然资源的出让等。
7. Improving the state system of management for natural resource assets
In accordance with the principles of separating owners from regulators and assigning the responsibility for one matter to one single department, the currently diffuse duties and responsibilities of ownership of natural resource assets owned by the whole people will be integrated, and one body will be established to carry out the unified exercise of ownership rights for all types of natural resources owned by the whole people, such as mineral deposits, water flows, forests, mountains, grasslands, uncultivated land, marine areas, and tidal flats, and take responsibility for the sale of these natural resources.
(八)探索建立分级行使所有权的体制。对全民所有的自然资源资产,按照不同资源种类和在生态、经济、国防等方面的重要程度,研究实行中央和地方政府分级代理行使所有权职责的体制,实现效率和公平相统一。分清全民所有中央政府直接行使所有权、全民所有地方政府行使所有权的资源清单和空间范围。中央政府主要对石油天然气、贵重稀有矿产资源、重点国有林区、大江大河大湖和跨境河流、生态功能重要的湿地草原、海域滩涂、珍稀野生动植物种和部分国家公园等直接行使所有权。
Research will be conducted to explore how a system can be put into practice in which, in accordance with the type of resource and its importance in relation to the ecological environment, the economy, and national defense, the central and local governments act as the agents of the owners of natural resource assets owned by the whole people, in order to achieve both efficiency and equity. Resources and territorial space for which the ownership rights are owned by the whole people and directly exercised by the Central Government will be distinguished from those for which the ownership rights are owned by the whole people and exercised by local governments. The Central Government will primarily exercise directly the ownership rights for petroleum and natural gas, valuable and rare mineral resources, key state-owned forests, major rivers and lakes, trans-boundary rivers, ecologically important wetlands and grasslands, marine areas, tidal flats, rare and endangered species of wild fauna and flora, and some national parks.
(九)开展水流和湿地产权确权试点。探索建立水权制度,开展水域、岸线等水生态空间确权试点,遵循水生态系统性、整体性原则,分清水资源所有权、使用权及使用量。在甘肃、宁夏等地开展湿地产权确权试点。
9. Launching trials for determining property rights for water flows and wetlands
Explorations will be made into establishing a water ownership system. Trials will be carried out in determining ownership of bodies of water, coast lines, and other aquatic ecospace. On the basis of respecting the systematic nature and integrity of water ecosystems, the ownership rights, use rights, and allowable volumes for water resource use will be delineated. Trials will be launched in Gansu, Ningxia, and other areas for determining the ownership of wetlands.
三、建立国土空间开发保护制度 III. Establishing a System for the Development and Protection of Territorial Space
(十)完善主体功能区制度。统筹国家和省级主体功能区规划,健全基于主体功能区的区域政策,根据城市化地区、农产品主产区、重点生态功能区的不同定位,加快调整完善财政、产业、投资、人口流动、建设用地、资源开发、环境保护等政策。
10. Improving the functional zoning system
National- and provincial-level planning of functional zones will be coordinated. Regional policies which are based on the functional zones will be improved. On the basis of the different functions – urban areas, primary production areas for agricultural products, or key ecosystem service areas – adjustments and improvements to policies regarding finance, industry, investment, population flow, land to be used for construction, resource development, and environmental protection will be stepped up.
(十一)健全国土空间用途管制制度。简化自上而下的用地指标控制体系,调整按行政区和用地基数分配指标的做法。将开发强度指标分解到各县级行政区,作为约束性指标,控制建设用地总量。将用途管制扩大到所有自然生态空间,划定并严守生态红线,严禁任意改变用途,防止不合理开发建设活动对生态红线的破坏。完善覆盖全部国土空间的监测系统,动态监测国土空间变化。
11. Improving the regulatory system for the use of territorial space
The top-down land-use indices control system will be simplified and the method of allocating indices based on administrative district and baselines for land use will be adjusted. Development intensity indices will be broken down and assigned to the county-level administrative districts as binding quotas to control the total amount of land used for construction purposes. Land use regulation will be extended to all natural ecological spaces, ecological redlines will be defined and strictly observed, and arbitrary changes to land use will be strictly prohibited. Efforts will be made to protect against ecological redlines being crossed by unreasonable development and construction activities. The monitoring system for all territorial space will be improved and a longitudinal approach will be used to monitor changes within China’s territorial space.
(十二)建立国家公园体制。加强对重要生态系统的保护和永续利用,改革各部门分头设置自然保护区、风景名胜区、文化自然遗产、地质公园、森林公园等的体制,对上述保护地进行功能重组,合理界定国家公园范围。国家公园实行更严格保护,除不损害生态系统的原住民生活生产设施改造和自然观光科研教育旅游外,禁止其他开发建设,保护自然生态和自然文化遗产原真性、完整性。加强对国家公园试点的指导,在试点基础上研究制定建立国家公园体制总体方案。构建保护珍稀野生动植物的长效机制。
12. Establishing a national park system
The protection of important ecosystems will be strengthened to ensure their sustainable use. The system of departments independently setting up their own nature reserves, historical and scenic sites, cultural and natural heritage sites, geological parks, and forest parks will be reformed. These protected areas will be reorganized by function and the scope of national parks will be determined as appropriate. National parks will be under more stringent protection: with the exception of improvements to the facilities used by local people in their everyday lives and work and nature-based research, education, and tourism which do not harm ecosystems, other types of development and construction will be prohibited so as to protect the authenticity and integrity of the natural ecological environment and natural and cultural heritage. Guidance on national park trials will be strengthened, and on the basis of these trials, research will be carried out into designing an overall plan for establishing a national park system. A permanent mechanism will be created for the protection of rare and endangered species of wild plants and animals.
(十三)完善自然资源监管体制。将分散在各部门的有关用途管制职责,逐步统一到一个部门,统一行使所有国土空间的用途管制职责。
13. Improving the system for regulating natural resources
Duties and responsibilities related
to regulation of use, which are currently spread among different departments,
will be gradually concentrated within a single department. This department will
then perform all use-related regulatory duties and responsibilities for all
territorial spaces. |
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