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The Contribution In The Form Of Mining Right

Posted on:2007-08-14Degree:MasterType:Thesis
Country:ChinaCandidate:X H SunFull Text:PDF
GTID:2166360182490798Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
In order to regulate all kinds of social relations in the mining development, market economy countries especially those with advanced mining market usually have matured mining regulation infrastructure mining law systems. With China's entrance of WTO, whether the sound mining market can be built continually has become the main problem in the international mining competition. In view of present mining market of china, there have been plenty of cases on the contribution in the form of mining right. But the aforementioned issue has never regulated in relevant legal system. Is there any shortage of mining legislation? To solve this question, this article is divided into six chapters to discuss the necessity and importance of the contribution in the form of mining right.In the first chapter which consists two independent parts, it will bring forward the topic .The first part discusses the factuality of the contribution in the form of mining right. From the successful cases in Shandong and YunNan provinces;the other part discusses thelimitation of mining system from present mining market, so as to point out the problems need to be solved.From chapter two to chapter five, it will analysis the theory foundation .In the second chapter;it will discuss the nature of mining right which will be considered as a type of quasi-property right. It will conclude that the circulation of the right should be regulated according to that of property right. This chapter is the base of the following chapters .The third chapter which is based on the discussion of the development of property right, that is, from setting dispute to making the best use of properties, it presents that the contribution in the form of mining right is a sound choice of making full use of the Chinese mining resources. The fourth Chapter which is on the basis of the development of corporation law, that is from capital credit to assets credit it concludes that mining right is also a form of corporation capital. What's more, it will view the contribution in the form of mining right in the first and second mining exchange markets .In The fifth chapter, With a comparison to the history of mining system and the legislation abroad, it will states that the contribution in the form of mining right is the inevitable choice in the social development and trend of internationalization.In the last chapter, it will solve problems .It will table proposals on system design and the legislation in detail.Finally, it concludes that: mining right is a valuable intangible asset;it's a qualified form of capital of corporation, which can make legal profit for the corporation. Accordingly, investment of mining right should be stipulated in mining laws and regulations.
Keywords/Search Tags:Mining right, The contribution in the form of mining right, Mining market
PDF Full Text Request
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