Research On The Legal System Of Mining Rights Transfer

In the modern economic and social development, mineral resources play an important role in the foundation. More than 95% of China's primary energy, 80% of industrial energy, most of the agricultural means of production and 1 / 3 of the drinking water from the mineral resources, mineral resources for economic development in China made a significant contribution. As the domestic and international mining development of the situation, the deepening of the market economy and strong demand pull, which requires us to pay more attention to the overall situation and thus the starting time to think and explore the mining of deep-seated problems. This new situation should be to deepen the reform of the legal system based on mining. Mining rights as a property was "property law" clearly defined as a usufructuary right, which enter the trading market for the mining rights has laid a sound legal basis. In our economic system from a planned economy to market economy in the process of reform as the central link of the mineral mining rights market, the establishment of the mining rights with compensation (transfer market) and law (transfer market) system is particularly the important. But China's current laws and regulations on the transfer of mining rights market requirements are still many inadequacies in practice because of the lack of specific legal and institutional support for the problems exposed in common. In this paper, the geological survey unit in the practical work experience, the system attempts to transfer mining rights market is facing many problems, conduct research and propose Improvement.The first part is the concept of mining rights in China and a brief exposition of the theory, analyzing the mining rights transfer system, and the value and meaning. The second part is the foreign mining rights comparative analysis of the legal system. I go through the four points of the national legal system of mining rights, and mining rights of four different national legal systems compared to the mining rights of the legal system can provide valuable reference for the construction experience. Article third of the legal system of mining rights in China separately from the legislative history and analyzes the current situation. Part fourth of my article, but on the mining rights of the problems in the system, and Section fifth presents his own views. Found for the fourth part of the system is proposed should first improve the relevant laws and regulations, followed by improving the monitoring of the market participants, again, is to improve the mining rights market system, and finally Simplified procedures for mining rights.