| In the implementation of the pilot project on agency by agreement in the field of state ownership of natural resources, there are disputes over the legal nature of agency by agreement. This mechanism takes the logic of civil law as the basic logic of its top-level design, and takes the concept of the state ownership of natural resource assets and its civil rights characterization as its conceptual and theoretical basis. It superimposes the organization structural logic of the civil legal persons upon that of administrative organs to realize the concretization of ownership-exercising subjects. The basis for determining the scope of agency objects is the distinction between the state ownership of natural resource assets and the natural resources supervision power, with the agency system applicable to the former but not to the latter. The legal form of authorization is the making of the list of natural resources. In nature, this kind of agency should belong to the “comprehensive civil entrustment and agency” composed of the entrustment of some affairs and the agency of some other affairs. At the same time, it is also a double-authorized agency with the state as the principal, which is generated by the authorization of the representative. Under the current law, the special rule on the exercise of state ownership by a representative or by a legal agent, according to which the representative or agent performs the act in his own name and independently bears the legal responsibility, can also be applied to this kind of agency. |
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