Study On China Mining Right Circulation Based On Law

Mineral resources are our country's important treasure and it is necessary for people to live and develop. Since the establishment of the new China, the mining industry has provided strong support for the national economic construction and the strengthening of the national power. However, the methodology and theoretic research related to mineral resources administration has far lagged behind the actual demands. The reform and implementation of mining right circulation have explicitly exposed the out-datedness of the existing mining right laws and administration concepts.The paper first summarizes the concept and the implication of mining right, and characteristics of mining right circulation, in that we can have knowledge of mining right circulation. Secondly, the paper introduces and analyzes characteristics of the end of Qing Dynasty, the Republic of China, the People's Republic of China, and the United States, Australia, Japan in lawmaking, which made it possible for our country to draw lessons from them to build up our own mining right circulation law system in the future. Finally, major issues existing in the implementation of mining right circulation are outlined with counter-measures from three parts: in the first part, the paper points out the conflicts between mining right and the right to use land, then proposes to harmonize the relation between them by means of mining right classification; in the second part, the paper refers to its parochialism of mining right circulation under the frame of mining law. Thus, the paper probes into the necessity and feasibility of seven means of mining right circulation; in the third part, the paper suggests that register of mining right should adopt the constituent doctrine, and that register departments of mining right should be unified and establish the mechanism of compensation on the basis of issues of the existing register of mining right.Throughout the presentation of views, the article has stuck to the practice of mining right circulation, for the purpose of integrating theory into practice.