| Mineral resource provides material foundation for human subsistence and development .Economic construction is also based on it .mineral resource is also human's treasure and important natural resource. Storage and exploitation of mineral resource reflect one country's natural overall strength, and even determined its international status. So exploitation and protection of mineral resource have a strategic significance. As is known to us, exploitation of mineral resource is two-edge sword; it will produce positive effect on economic development and social progress, and will pose negative effect on ecological protection. So it is overriding importance of scientific exploitation mineral resource. The connotation of scientific exploitation is that extraction of mineral resource follows the principle of economy and natural law. Scientific exploitation can maximize social wealth and minimize negative influence on ecological environment, so that maintain the sustainable goal. The key to realization of this goal lies in reasonable property system. However our country's property system exist many shortcomings, which is characterized by following aspect: one lies in mineral proprietary right. The nature of proprietary right is vague. The administrative organ has dual position of operator and governor. So overlapping the function will lead to absence of representative of state ownership of mineral resource. The single state ownership has transformed into diversified ownerships, which will tap into mineral resource aggressively. The calamity surely has taken place, such as an extravagant of mineral resource and pollution of ecological environment. Another one lies in right of use mineral resource. Firstly, the contradiction between right of use mineral resource and right of use land hasn't been adjusted, which cause many disputes. Secondly, the right of prospect and the right of extraction has been separated, which restrains the initiative of prospect man. Thirdly, forbidden the transaction of the right of use mineral resource has made it difficult to optimize the allocation of mineral resource. So it is essential to reform mineral proprietary right system.Currently, in our country's academic circle, the research of mineral property right is immature. There are many imperfect factors in the mineral law, which affects the protection of mineral resource. The crux of the matter is restriction of competency of solve the energy problem and the process of sustainable development. Therefore, systematic research of mineral property right has great significance in reality and theory. In view of this, the author consults other countries'relevant regulation. On the basis of scientific result, author puts forward the legislative suggestion about perfect the property right system.Part one analyzes the connotation of mineral resource and its property right system.Part two elaborates the theoretical basis of the mineral property right system through the theories of property right theory, externality and value of natural resource.Part three introduces the historical process of Chinese mineral property right system, and appreciate current situation. The dissertation points out the shortcoming of the legislation of mineral resource lies in following aspects: the difference between the function of administration and the function of ownership is vague, so is the relationship between the right of land use and the right of exploitation of mineral resource: Collection of resource taxation lacks theoretical basis, which can't safeguard the state ownership. The separation of prospecting right and exploiting right will cause the investors to expose unpredictable risks; Lack of transaction market will pose mineral resource to idle. Moreover, this part analyses the exiting obstacle to current system and puts forward relevant counter measures.Part four concentrates on basic thinking and basic principle of perfection of Chinese property right system, and putting forward legislative suggestion about perfection it... |
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