Study On The Management Of Exploration And Development For China’s Mineral Resources

Scientific development of mineral resources not only includes technicalrequirements, but also should include management. Nowadays, China’s mineralresources exploration has got a brilliant achievement. But in our countryindustrialization and urbanization, social demand and supply is still full ofcomplications, contradiction and face all kinds of dilemma. This put forward higherrequirements for the management of mineral resources. Really implement ofmanagement is protected by the legal system. The sound of it could regulate themanagement of mining. Today, the laws and regulations of mineral resources in theprocess of implementation has obvious lag in our country. It is necessary for us toreview and reflect our old laws. Great changes have taken place in the late QingDynasty social of China. Legal system of mineral resources has also undergone agreat change, it completely subvert the traditional feudal old form and content, andcreate a precedent history of China, and take the mineral resources of our country intothe path of modernization.This paper uses the methods of literature, historical logic, comparison and so on.It follows the two clues: a longitudinal study combinate the past, present and future ofmineral resources; corssrange study combinate the geological, law and history, tosummary the situation of exploration and management, and review the legislativesystem and content evolution systematically of the modern mineral resources law andsummary its experience. Finally, analyzing the current problems from the historicalperspective, put forward the countermeasures and the development trend. The paper isinnovative in the research topic, perspective and point view. It includes sevenchapters,the specific contents are as follows:The first mainly discusses the research background and significance, status, ideas,methods, the main contents of thesis and the innovation points and deficiencies.The second chapter studies management status of the mineral resourcesexploration in our country. According to the situation of exploration and needs ofmineral resources, we should rethink them from multiple perspectives. Throughanalyzing its situation, such as the mineral resource tax is low, the mining right pricedeviate from the actual situation and so on. Modifying the law system of mineralresources was proposed to achieve the effective management. According to our country’s condition, from the history perspective was put forward to analyze andexplore its legal construction..The third chapter studies reform motivation of modern mineral resources legalsystem. There is a cause of internal and external motivation, including powers covet,financial crisis, patriotic movement, ruler awaking and incoming of western legalculture.The forth chapter studies the evolution of the legislative system of modernmineral resources law. Its has experienced as follows: imperial edict or memorial tothe throne, the Chinese and foreign negotiation protocol, a series of the Qing miningregulation, the mining law in the period of the Republic of China.The fifth chapter studies the content evolution of modern mineral resources legal,including mining rights, land system, tax system, foreign capital system andsupervision system. The evolution of mining rights mainly analyzed the nature, obtainway, alteration, cancellation, mortgagee and setting of it. The evolution of miningland system mainly analyzes the access system, the range of land, company, the timelimit and exit mechanism of it. The evolution mining tax system mainly analyzes thetax rate, institutions, punishing measures. The evolution of foreign capital systemmainly analyzes borrowing foreign capital, recruiting foreign shares. The evolutionsupervision system mainly analyzes the function, mode, staff, limiting time.The sixth chapter studies the lessons of the evolution of modern mineralresources law. Conclusions through analysis as follows: first, legal modernization, butis still in the initial stage. For example, to cultivate legal talents, but the team is stillrelatively weak; transplantation of western law, but lacking of localization; takingeconomic development as the purpose, but lacking of awareness of environmentalprotection; making punishment measures to regulate the mining tax, but toooverloaded with details. Second, to strengthen national economic development, butlacking of stand on own domestic environment. It mainly includes: recognizing theimportance of using of foreign investment for mining, but distorted; gradually transferto levy tax, but lacking rationality; revise the legal system, but too often. Third, thelegal system content is relatively complete, but lacking of integrity. It mainly includes:exploring the exit mechanism, but relatively simple; setting up the time limit, butlacking of resource strategic thinking; establishment of supervision staff, but lackingof independence. Forth, ruler had the sense of change, but lacking of thoroughness. Itmainly includes: the graveyard as mining land gradually, but the court land exception; make innovation mechanisms for the shares, but the purpose is to safeguard theinterests of the landlord class; set up service supervision function, but still with astrong feudal color.The seventh chapter studies the current mineral resources exploration andmanagement. Firstly, analyzes the main problems: it has obvious lag; market resourceallocation function is neglected; mine environmental damage; mining land use systemin blank; mineral resources taxation defects. Secondly puts forward thecountermeasures to solve the problems: correctly handle the relationship betweenstability and transformative; building the mineral resource allocation mechanism ofmarket coupled with the government; perfecting ecological restoration system of minegeological environment; setting the joint stock cooperative system of mining landsystem; building a reasonable mineral resources tax and fee. Finally, the developmenttrends: respecting nature and harmonious development, intensive and comprehensiveutilization of mineral resources, following the “green mining”management idea.