A Study On The Legal System Of Prospecting Supervision In China

The main legal basis for the legal system of supervision of mineral exploration right is "mineral resources law" and its supporting regulations.It can not meet the needs of economic reform and resource protection. To make up for the lack of legislation of mineral resources law, the administrative department of land and resources issues department rules and regulations, which leads to the lower level of the legal system of the supervision of the exploration right and the strong flexibility. The multi-variability of the system affects the willingness of investors, which affects the enthusiasm and the standard of the exploration behavior of our country. In order to mobilize the enthusiasm of the exploration right and regulate the exploration behavior, it is imperative to improve the legal system of the supervision of the exploration right in China.Based on analyzing the legal characteristics and economic characteristics of the mineral exploration rights in China, the theory of government regulation in the developed country, found that economic development influence on the development of the theory of government regulation. The purpose of exploring mineral resources and implementing the exploration behavior determine theoretical basis of the exploration supervision in our country mainly for resource allocation theory and social regulation theory. In this paper, according to the logical order of exploration right obtain, hold, exit analysis content of the system and found the insufficient of the exploration supervision system in China. Referenced on the exploration right supervision system of the developed mining countries, the paper put forward suggestions for the perfection of exploration supervision legal system in China.This paper mainly analyzes the following three issues:Firstly, clarify the theoretical basis for the supervision system of the mineral exploration right need to analysis the particularity of the mineral exploration right. The purpose of prospecting for mineral resources and the economic,geological and environmental attributes of the mineral resources need to improve the supervision system of prospecting in China; prospecting implementation exploration behavior of special content, high risk, scientific research need to take social regulation theory to improve the prospecting regulation system.Secondly, analyze the legal system of China’s mineral exploration right and found the insufficience of the system.The legal system of the supervision is closely related to the economic development.The contradiction between the supply and demand of mineral resources will affect the supervision system of the mineral exploration right. Prospecting acquisition system mainly analyzes the conditions and the procedures of grant; prospecting holding system mainly analysis the land access rights; prospecting exit system mainly analyzing block exit system, prospecting license revocation and cancellation system. There were four insufficiences of supervision system of the mineral exploration right in China:unequal responsibility prospecting regulatory subject’s rights; the mode and condition of grant mineral exploration right do not match the demand of market; the standard of competition to grant is not unified, the operation is not standardized; land access rights security system is missing.Thirdly, analyze the supervision system of prospecting in Western Australia. Through analysis prospecting licence types, obtain conditions and procedures, access to land, block exit system and prospecting licence forfeiture system.there are four aspects worthy for reference:the responsibility of the supervisor is clear; prospecting license acquisition to application, different prospecting licenses coexist; with detailed institution for mineral exploration and require licensee compliance with the conditions of environmental protection strictly; block exit system and forfeiture of right urge licensee to implement mineral exploration behavior.On the analysis of the inadequate of exploration supervision system in China and draw lessons from developed countries exploration supervision system, in this paper, the main conclusions are as follows:1. Reform the subject of mineral exploration supervision system. The license issuing agencies responsible for regulation.The county-level land and resources management departments can grant the license where within the scope of administrative areas to the applicant.The provincial level land and resources management departments is responsible for regulating the mineral exploration behavior,monitoring the execution of the mineral exploration.2. Designate the mode of granting the exploration license.The principle of granting the exploration license is "first come, first served". If prospecting specail minerals (e.g., radioactive minerals), the mode of granting should be agreement. To limit certain exploration area for exploration, environmental protection department should review the environmental protection measures of mineral exploration engineering.3. Safeguard the land access rights of the licensee. In order to obtain the license of exploration ordinary mineral, the applicant should obtain the written consent of the landlord. In addition to the above situation, the licensee has the priority of land access.4. Realize entire supervision of mineral exploration behavior and strengthen the penalties for illegal exploration. There are three stages in the whole process of the mineral exploration (grant-implementation-exit). The first phase should examine the subjector’s ability of the capital and exploration technology.The second stage should urge implement the exploration engineering report system. The last stage should urge the licensee to hand in the data and reclamation.For guarantee effectiveness of the system should strengthen the penalties to illegal activity.5. Adjust the current block exit system. If the exploration block is more than five blocks, the licensee must exit 20% of block area at the end of the third year.