Legal Study On The System Of China Ore Mining Land Use Right

Ore mining land use right is the right to use a specific area of the mining land use right. The law of China provides a vague nature and content of the use of the mine right. And the acquisition of mining land use rights has not been very clearly defined. So ,in practice, frequent disputes are made, interests of various parties can not be balanced.This paper using a historical analysis, comparative analysis and inductive analysis to do a research on the system mining industry legislation and land legislation. Put in good order of the course of development of China's mining industry legislation and land legislation. Comparing different countries legislative practice on the relationship between mine and land. In the against of the need for China's national conditions, learn from foreign experience to carry out model selection and system construction of Cina mining law.Authors believe that the ore land using right is not a usufructuary right derived out of the ownership of mineral rights but a usufructuary right related to land. So, the legislation should make a special chapter on mining sites, clearly stipulating the use of mineral rights for property to obtain flow patterns and its procedures, in priority to the protection of mineral mining rights of people to use the right must also respect the value of the land reasonable and effective use of land. At the same time provide that to imposing a fee for the use of mineral rights is an integral part of China paid system of acquiring mineral resources. Scholars hold different opinions about the rationality of this system. Through analyzing the system of ore land use fee,the author believes that mineral rights using fee is actually ore land using fee ,which the people using the land should paid . And mineland shall be different to be obtained from the land owner or land use rights were obtained, the mine used to determine fees should also be the land owner or land usufructuary ,and mining land use right through the transfer, consultation and other methods to determine, correctly handle the relationship between the related rights.