Font Size: a A A

Research On The Right Of Mineral Exploration

Posted on:2008-01-13Degree:MasterType:Thesis
Country:ChinaCandidate:C Y LiFull Text:PDF
GTID:2166360215980290Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
According to the relevant laws of China, the right of mineral exploration is the right to explore mineral resources and to get earnings in a certain range in accordance with the law. According to the Registration and Administration of Mineral Resources Survey Zones and Sectors, the survey investor is the applicant; the unit commissioned by the state is the applicant, when the survey is invested by the state. This shows civil body may apply for prospecting, and become the subject of the right of mineral exploration. The object of mining rights should be the underground soil and the included mineral resources in the specific mineral areas or work areas. The object of the right of mineral exploration is unspecific. According to the article 16 of The Implementing Regulations of the Mineral Resources Law, the subject of the right of mineral exploration enjoys the right of exploration, exclusive right, right of laying pipes, right of using land temporarily, right of way, obtaining priority, sale right, transfer right, reserving right and the right of obstacle removing.On the character of the right of mineral exploration, there are a wide variety of viewpoints, such as"creditor's right","Intellectual Property","real right","quasi - real right","right of property"and"right of discovery". All the viewpoints define the character of right of property. Definitely the right of mineral exploration is a kind of private right. Affected by the continental law system, China's legal system define the right of mineral exploration as the quasi - real right. On the one hand, the point is helpful to maintain harmony and unification of the legal system, and improve the communication with the other country of the continental law system. On the other hand, the right of mineral exploration accord with the standard of quasi - real right. In China, the acquisition of the right of mineral exploration is under the Administrative Authorization and Acquisition System. There are three modes:application - examination and approval– registration and issue, inviting bidding - examination and approval– registration and issue, palavering - examination and approval– registration and issue. At present, these modes need some improvement in legislation: first, it should define that the right of mineral exploration and mining right can be transfer, and define the concrete transfer form; second, the acquisition process of the right of mineral exploration should be put into open; cancel of reduce the restrictive regulations of the right transfer; add the regulation of relative civil responsibility of the right transfer; keep the combination of the right of mineral exploration and mining right.
Keywords/Search Tags:the right of mineral exploration, quasi-real right, real right
PDF Full Text Request
Related items