The Research On The Prospecting Right From The Dynamic Perspective

The prospecting rights is a dynamic property rights. Differences with static rights,the right will continue to add value as prospecting and exploration right inputs.Therefore, both theoretical set of related systems requires a combination of the rightdynamic. Theoretically there are a variety of contending for the nature of theprospecting rights, but the lack of depth and convincing theoretical system, unknownpractice prospecting rights provisions. A clear understanding of the nature of theprospecting rights, leading to the problems of our system design, the system isimperfect, and even configuration errors. Property Law exploration right as ausufructuary regulations, this is the logical result of our concept of ownership ratherthan the property rights concept. Real right to adjust the object into a thing, theusufructuary a type which will be established on the basis of mineral resourcesprospecting and regulations, but the object of prospecting rights Obviously not matter.Prospecting rights rem exploration licensees, the right to the protection of propertyrights rules effective protection of building the system must be noted the specialnature of the exploration right, try to overcome the inadequacies of their cause.Exploration rights as a dynamic property rights, should strengthen the protectionof such rights. First, the legislation should be reflected in the independence of theprospecting rights. Prospecting rights and mining rights in China’s legislativeprovisions, respectively, but the actual practice is the mining rights of prospecting andmining rights into one system, in theory, can not reflect the independence ofprospecting rights, the practice is not conducive to exploration The transfer of theright to have serious drawbacks. Implementation of exploration, extraction separationshould be the inevitable choice of China’s mining system. Second, to ensure that theperson with mineral exploration priority. Set the priority of the prospecting rights willgreatly inspire prospecting and the enthusiasm of the people to engage in prospectinginhibit the prospecting rights edge exploration while mining predatory exploration,extraction, but also to some extent. The exploration can to obtain mining rights,prospecting rights was willing to bear high risk. In addition to the priority miningrights, exploration licensees, priority should also include priority in obtaining the theexploration areas newly discovered minerals exploration rights priority in obtainingmining land use rights. Furthermore, to protect the the exploration right person usufruct. Under the existing system, prospecting and usufruct by the transfer ofprospecting results obtained income, but this income is disposable, the explorationright people in order to get the prospector higher achievements transfer income, mayoften artificially inflated mineral scale and The content of mineral products, orintentionally concealing the difficulty of exploitation, mining mining rights increasedrisk. Therefore, in order to change the status of a single exploration right person gainsways, such as the establishment of prospecting and prospecting achievements as theinvestor, prospecting and equity share of mining revenue. Finally, to achieve theprospecting and orderly and fair circulation. The transfer of the prospecting rightsshould not be used to "trick shot","trick shot" from the surface can be open and fairtrading, but the final result in the course of prospecting inputs unreasonable, mineralexploration into a speculative behavior. Prospecting and dynamic value-added featuresof the legislation is too much emphasis on prospecting and property rights propertyneglect, plus local government benefits or reduce, the exploration right people in orderto reduce risk, will reduce investment in mineral exploration rights, while miningexploration. The transfer of exploration rights to take the bidding, auction, and tend toignore the technical capacity of the bidder and the level of exploration, resulting inprospecting and malicious speculation, artificially high prices. Can not be achievedmulti-mineral exploration licensees, the actual prospecting joint exploration, do notpay attention to environmental protection, the last government had to pay for thewaste of resources and environmental damage. Perfection of the Circulation ofprospecting and exploration rights to market guarantee. The the the prospecting andsecondary market turnover orderly first to clear prospecting rights property rights,improve the registration system for prospecting and circulation, to do circulation ofpublic information, the transfer process is legitimate and controllable.Based on the public property of the mineral resources, combined with the theexploration right people will continue to increase investment in mineral explorationrights, the law should explicitly prospecting market access, the government’s legaladministrative license granted prospecting exercise of prospecting rights, transfer,withdrawal supervision. Need to handle the prospecting rights management: first, toensure fair competition and promote the exploration rights market; Second, the supplyof public goods to safeguard the prospecting and need social and prospecting anddevelopment; Third, in order to achieve the stated achieve a balance between the goalof socio-economic activities and exploration rights stakeholders. To comply with theexploration and development of mineral resources in accordance with the requirements of the socialist market economic system and the development of the law,the market mechanism, to further improve the laws and regulations of the explorationand development of mineral resources, improve the relevant systems and policies toimprove the investment environment, improve the financing capacity for explorationof mineral resources body to create a fair, healthy and reasonably competitive marketenvironment.