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由于我国长期沿用前苏联的物权理论,对资源地居民受益权的研究很少涉及。这种受益权应该是基于民法上的特定地域身份产生的物权。包含两层含义:一是在资源国家所有制下,全体公民整体对资源整体拥有产权;二是世世代代居住在资源所在地的由个体组成的资源地居民,在承认天然占有条件下,当所有权人因处分用益物权时,影响到了资源地居民的事实占有受益,则所有权人应对占有人承担补偿和适当给付义务。这种给付义务可以看作是基于资源地居民在天然占有情况下而享有的受益权,是资源地居民的一种集体受益权。
Because of our long-term use of the former Soviet Union’s real right theory, the study of residents’ right to benefit in resources is seldom involved. This kind of benefit should be based on the property rights arising from the specific geographical status in civil law. Contains two meanings: First, under the ownership of the resources state, all citizens as a whole have the property rights over the resources as a whole; second, the residents of resources, which are made up of individuals and are living in the place where the resources are located for generations to come, When disposing of the usufructuary right, it will affect the factual possession and benefit of the resident of the resource, the owner shall undertake the obligation of compensation and appropriate payment for the possessor. This kind of payment obligation can be regarded as the beneficiary right of residents based on natural resources in the case of natural possession and a collective benefit right of residents of resources.