Study On The Mining Right

The reasonable use on resources is an important aspect in realizing the strategic target which constructs a resource conservation and environment friendly society. The mining right is an important legal system about using resources, and it has the vital significance in protecting mining right person's benefit, and realizing the scientific reasonable developing and using on the mineral resource. Our country is at the time when the socialist market economy legal system is being constructed comprehensively, time need contradic with the original system and the conflicts become more and more intensive .Therefore, compling with the time needs, it is an important task in the current legislative work to establish a perfect mining right system adapting to the need of market economy development. This article will discuss some questions relating to the mining right system in expectation of having benefit to consummating relevat system in our country.This article has five parts except the prelude and postscript.Part one: The outline of Mining right . The mining right refers to a right about exploration right body and exploitation right body explores and excavates the state-owned mineral resource according to the legal rule condition and the procedure. The mining right system origined from the Roman law, and developed and the consummed in the western nation along with 19th century west capitalism Industrial Revolution. Presently, our country already has established the mining right system initially. According to its content, the mining right has exploration right and exploitation right; According to its main body system of ownership, it has the state-owned enterprise mining right, the collective enterprise mining right and the personal mining right .Part two: The mining right legislation situation in domestic and foreign. For promoting the reasonable use of the mineral resource ,many mineral resource rich countries all value mineral resource legislation. At present, Our country's mining right legislation can't satisfy the need of market economy development and constructing the resource conservation and the environment friendly society. we should profit from the experience of the advanced countries to perfect our country's mining right system.Part three: The analysis on the nature of mining right. As an usufructuary right , the mining right is one relating to main body profit and dispose the state-owned mineral resource , producing from the nation's civil juristic act of transfering using right on the mineral resource. The mining right has exclusive effect, priotity effect, overtaking effect and the real right request effect.Part four: The analysis on the capacity of mining right. As a right using the mineral resource, The mining right has capacity of holding,using ,profiting and disposing . Part five: The suggestion of perfecting mining right system in China. The mining right should be bringed into our country's law of things system. we should adopt a union pattern of "law of things "principle stipulation and special law special gauge phase. In order to meet the need of marketeconomy, the mining right bodies should have the equal the legal status and the explicit right, the duty and the responsibility. The establishment, circulation, elimination should be adjusted by civil law system especially law of things system standard. When the mining right receives a violation, in order to maintain the legitimate mining right, the main body may exclusive or concurrent apply the request of confirming the mining right ,returning the work area, mining area or mineral resource, removing the hindrance or the eliminating the danger, restoring the original condition and compensating damage.