Research On Mining Right Permission System In Our Country

Mineral resource is the base of national socio-economic development. There must be reasonable and effective legislation to adjust the development and utilization of mineral resources. Many of the legislation, in our country, have relevant contents to adjust the mining right. In the field of civil law, the mining right is contained in real right for usufruct in"property law"; in administrative law,"administrative permission law"established the way to achieve the mining right; in ore resources law,"ore resources law"and"mine and registration of mineral resources administrative regulations"have specific contents for the licensee of mining's rights and duties. But there are many factors of history and system in the mining right legislation and practice, so there are also many problems. For example, disorderly conduct, costly waste, environmental damage, mine disaster, poor protection of the right of licensee of mining and so on.In this paper, I select one aspect of this——mining right permission, and give a comprehensive analysis in the way of civil law, administrative law and ore resources law. I draw lessons from foreign and give advices to improve the state of mining right. I hope these advices can straighten out the irrational practices in mining right area.This paper begins with the legal nature of mining right and the theory of administratively permission. First, I analyze the conception, character, validity and function. Second, I analyze the irrational practices of mining right legislation, based the problems in mining practice. Third, on the abuse in mining area, use the experience of foreign. Finally, I give the advices for improve mining right permission.