The Research On The Legal Issues Of The Requitable Usage For The Mineral Resources Of Our Country

This paper applies the theoretical analysis combined with empirical analysis, positive and negative analysis, comparative analysis and historical analysis to analyze the current Chinese requitable usage system for the mineral resources, then find out some typical problems in it: double taxation; unreasonable administrative system which results in the failure of the achievement of the national interests; very low rate of the taxes and dues which makes the usage of the mineral resources decrease on grounds of the lack of the power to cherish and protect mineral resources, as some enterprises, especially individual mining companies can get the mineral resources at a low price or even bargain price; the rights of the mineral exploration cannot be protected on grounds of the problems of the acquisition and transfer of the mineral rights , and then it happens that some places was closed without exploration, some people mining instead of exploring and some people illegally transferring.Mineral resources as one of our people's material sources ,with a non-renewable nature , which means it cannot be regenerated within the time that we can be expected .That is something like that, under the current technical conditions, the Exploitation of mineral resources will reduce as much as we consume. China is one of the richest countries in mineral resources, then the most emergent mission is the requitable usage for the mineral resources. Nonetheless the current requitable usage system for the mineral resources of our country hasn't played a real effective role. In practice, the increasing number of phenomenon , such as mining rich ore, abandoning poor ore, one ore more open, large ore mining in a small open, makes us worry. Only if we achieve the requitable usage for the mineral resources, can we ruin the possibility of the actions which harm the national interests and the public interests. Briefly ,in order to get rid of extensive mode of economic growth, we should start from the effective usage of the mineral resources, reform the current low-cost usage of the mineral resources, achieve the full success of the Chinese requitable usage system for the mineral resources.The first chapter mainly introduces the relevant concepts and theoretical basis of the requitable usage system for the mineral resources, afterwards, with due regards of the historical study and Marx's labor theory of value, this article redefines the composition of the mineral resources value. The chapter two makes the deepen research on the practical problems and historical problems of the current Chinese requitable usage system for the mineral resources, and focuses on the fundamental issues. On the basis of the first two chapters, the third one makes some feasible suggestion on the current problems, and regarding to our national conditions, do not reform greatly or apply the foreign requitable usage system for the mineral resources mechanically, but adjust the existing mineral resources compensation and resources tax, meanwhile implement the combination of mineral exploration right and mining right to establish the orderly transfer market of mineral rights. Moreover, we should establish mineral resources ecology compensation legal regime, improve the administration of the mineral resources, in order to develop the current Chinese requitable usage system for the mineral resources.