Defects And Improvement Of Current Mineral Resources Legal System Of China

China is a country with great mineral industry, with a large amount of mineral resources while a small amount of the resources per capita. It's of great importance for the development of mineral industry economy to understand scientifically the situation of China's mineral resources and grasp its features and present situation in the developing and utilizing process.Mineral resources laws occupy a position of the first importance in the natural resources legal system. The mineral resources laws consist mainly of the meaning of defining property rights of mineral resources, the property rights character of mineral resources, normalization on the concept of prospecting right and mining right, accurate limitation on the nature of prospecting right and mining right, arrangement and structure of the property rights on mineral resources , the transfer of mine rights, the acquisition of mine rights, and the administration of exploiting mineral resources etc. However, there are lots of faults in the current mineral resources legal system of China, such as laxity in lawmaking, lack of impartiality, and ignoring the function of economical activities in the current administration system. Based on the review of the legislative evolution in the field of mining industry and the use of legislative experience for reference both home and abroad, the author pointed out the inadequacy of China's current legislation in the field of mining industry, focused on the legislative structure that should inherit our legislative fruits, accommodate to international practice and adapt to China's practical situation on the operation and administration of mining rights. It is therefore necessary to innovate in lawmaking to improve the current mineral resources legal system. Finally, the author stressed the properties of mining rights, the coordination of the use of land and the standardization mining administration. The paper points out that perfecting the system of mining rights is the important guarantee for protecting environment and rational utilization of resources.The main content of this paper consists of three parts. In the first part, the author makes a summarization to the law system of mineral resources, which includes the conception of mineral resource, main contents and legal attribute of the mineral resource law system, ownership of mineral resources, prospecting right, definition of the nature of mining right, characteristics of the relations between the proprietary rights of mineral resources and ownership of land, and so on. In the second part, the author moves on to elaborate the current situation and defects of our country's law system of mineral resources. He carefully examines the flaws existing in the obtaining and circulation system of ownership of mineral resources, in the onerous system of mineral resources as well in the administrative and supervisory system of mineral resource development. In the last part, the author put forward some suggestions for improving the extant law system of mineral resources of China. The suggestions are as follows: to perfect the legislation concerning mineral resources in order to carry out a market-oriented reform in the property right of mineral resources; to establish a just and scientific onerous system of mineral resource ownership; to reform the tax revenue system of mineral resources so as to synchronize with international conventions; to improve the administrative and supervisory practices of mineral resources; to define a clear property ownership; to maintain the major role of geological prospecting departments in the market of mineral resource ownership; to balance the relation between land utilization system and ownership system of mineral resources in an appropriate way; to establish a gradation and classification management system of mineral resources; to strengthen the legislation and implementation of laws concerning environmental protection of mining areas; and so on.