Regulations Of The Foreign Investment In Exploration And Mining Of Mineral Resources Of China

Mineral resources is the material guarantee that can ensure the healthy, stableand sustainable development of national economy. According to publicly availableinformation., nearly90%of energy as well as70%of the agricultural raw materials originatefrom the supply of mineral resources. In the world’s industrial economy, more than80%ofindustrial raw materials are provided by the mineral resources. And in our country, theoperation of the industry which account for over70%of GNP (gross national product) needstake mineral resources as the support, also mineral resources provide about95%of energysource and80%industrial raw materials. With the rapid development of the economy in ourcountry, the demand of mineral resources is increasing rapidly, and mineral resourcesmarket has enormous potential. Since2003, China has accelerated the pace of opening-up ofmineral resources’ exploration. And foreign investment has poured into mineral resources’exploration and mining industry. By the end of2010, there are293foreign-investmententerprises. Total industrial output value is about191.136billion. Total assets is about214.369billion.. From the statistics, we can find that foreign investment in the mineralresources exploration and mining industry has already begun to take shape. On the one hand,foreign investment in mineral resource exploration and mining industry has brought thecapital and advanced technology that we need to the exploitation of mineral resources.However, based on the importance of mineral resources and the particularity of itsexploration, the lack of effective regulation of foreign investment will adversely affect to ournational security.The traditional view of national security is mostly understood as national defense andmilitary security that country’s territorial integrity and sovereignty are inviolable. With peaceand development becoming the two main themes in the world, the meaning of nationalsecurity has scaled to a complex concept with multiple contents. This article believes thatnational security should be a three-dimensional concept with both horizontal and verticalextension. In the horizontal sense, environmental security is the foundation while economic security is the core of national security, including political security, military security,information security, financial security, cultural security and so on. In vertical sense, nationalsecurity should be the sustainability of the lateral national security’s contents. On the premiseof the environmental security’s basic position and the core position of economic security innational security, we start from the level of economic security and environmental security,analyzing the negative impact of foreign investment in mineral resource exploration andmining industry to our national security and regulating the foreign investment in mineralresource exploration and mining industry.At present, we mostly regulate the subject that investing in mineral resource explorationand mining industry in the scene of the subject of exploration right and mining right.However, foreign investors are mostly adopting indirect acquisition, joint venture andcooperation mode to avoid the strict limitations of the subject of exploration and mining lawsand regulations of China’s Mineral Resources. Meanwhile, low environmental costs in Chinalead to the damage to the mine environment in the process of foreign investors engaging inmineral resources exploration and mining industry.Therefore, in order to regulate the foreign investment in mineral resources explorationand mining industry effectively, we need to focus on national security, building or applying tothe effective system and the procedures in the level of the construction of economic securityso as to review the foreign investment in mineral resources exploration and mining industry.In the level of environmental safety, it is necessary to take the negative impact on theenvironment into the business operating costs so as to restrain the negative impact to ourenvironmental safety.