中国人口·资源与环境2012，Vol.22Issue(4)：124-130,7.DOI:10.3969/j.issn.1002-2104.2012.04.021
特许物权变动中寻租行为的衍生路径及抑制
Derivation Path and Inhibition of Rent-seeking Behaviors in Alternation of Chartered Real Right
摘要
Abstract
Chartered real right refers to the usufructuary right of natural resources while the alternation of chartered real right refers to the establishment, modification and termination of the chartered real right. The important reason why the alternation process of chartered real right is regulated by the government is mainly the scarcity of natural resources. The administrative license system for alteration of chartered real right is adopted by Chinese laws and it is a compulsory intervention imposed on the private rights by the government so as to reduce the externality in developing of natural resources. Administrative license system for the alternation of chartered real right has weakened the maximized benefits of the chartered holders of the right in rent and resulted in high economic rent as well. For the sake of maximum benefits, some chartered holders of the right in rent would make efforts to affect the dimension and the strength of administrative license in alteration of chartered real right. Once the rent-seeking behaviors take place successfully, the legal alternation path of natural resources would be distorted and the overall social welfare would be decreased. The rent-seeking behaviors in the alternation of chartered real right could be divided into two types,including exclusive rent-seeking and competitive rent-seeking , which have the common derivation path. The special derivation causes of rent-seeking behaviors in the alteration of chartered real right of natural resources can be divined by tracking the derivation path of the rent-seeking behavior, and as a result, the rent-seeking causes can be effectively inhibited by means of the measures such as the structural rationalization of the chartered real right, the normalization of alternation order of chartered real right and the enhancement of restriction strength of administrative license right and the like.关键词
特许物权变动/行政许可/寻租行为/衍生路径/抑制Key words
alternation of chartered real right/ administrative license/ rent-seeking behavior/ derivation path/ inhibition measures分类
社会科学引用本文复制引用
谭术魁,张孜仪,杨择郡..特许物权变动中寻租行为的衍生路径及抑制[J].中国人口·资源与环境,2012,22(4):124-130,7.基金项目
2010年中国法学会部级法学研究课题(编号:CLS-C1014) （编号:CLS-C1014）
2011年国土资源部软科学重大项目(编号:201101-2). （编号:201101-2）
