On Reform Of The Mineral Resources Law

Regarding to the macro topic as reform of mineral resources law, this thesis is only a test step for future's practice. Thanks to that the author is one of the officials responsible for the reform work in China. Starting with an Introduction, the author provides a general background of law reform for the revising work of the Mineral Resources Law (Act), including the combination of China's mining industry with the global system, the trends of modernization, codification and justification of laws. Chapter One announces the tasks of law reform by analyzing the position of China's mining industry together with the trends of international mining industry, including foreign investment in China and China's investment overseas. Chapter Two discusses the settings and climate for mining law reform under the nomocracy movement in China, including the administrative organic regime for mineral resources, the legislative history of mining law and WTO membership. Chapter Three concentrates on theoretic statements about property rights in mining area, including state ownership of mineral resources, private tenure of mineral resources (i.e. mining rights) and the legal requirement and conditions for the marketable mineral rights. Chapter Four researches international experiences on law reform, generally about those in the UK and in Russia, and specially on mining law reform in South Africa, the USA and the main countries sharing boundaries with China. Chapter Five concludes on the revising work of the Mineral Resources Law by providing a big picture, including the relative feasibilities study issues, legislative technology and a recommended drafting outline. Finally, the author urges that it is very necessary and urgent to establish a standing office of mining law reform within the Chinese government.