A Study On The Mining Right System

This article includes three parts: the historical evolution of mining right system; the analysis from the legal science angle of mining right system; the analysis from the economic angle of mining right system.The first part is carries on brief combing to the development vein of mining right, obtains from the mining right in the Roman law thought seed, transits to the western nation's mining industry right system which fully derives the nutrient from the Roman law; Again ancient times attached from our country to the ruling class benefit to the mineral resource excavation behavior, to the end of the Qing mining industry law system which melted into the western mining industry thought, until Republic of china time's mining industry legal framework. This development vein indicates our country's mining right system has contained two aspects of thought and the system origin. But after new china had been established, including the old legally constituted authority severance fact of mining right system, these two kind of thought and the system origin to our country present mining right system's influence has not been completely cut off, and ,melts into the planned economy time's ideology factor restriction. Therefore, fully know these three kinds of thought and the system origin, is the basic premise of the thorough understanding of the present mining right system's development way in our country.The second part, the analysis from the legal science angle of mining right system is taking our country's present mining right legal rule as the foundation. First carries on in the etymology and the legal limits to the mining right concept. Next carries on the localization to the mining right's legal nature, has promulgated its accurate real right legal attribute. Afterwards is carries on the multi-analysis to the mining right content, discussed a series of rights and duties which the mining right person enjoys one by one, from this angle of view to observe whether the mining right person's rights and duties disposes appropriately or not, thus provides the theory stratification plane basis for consummation of mining right law system.The third part, the analysis from the economic angle of mining right system is for the more thorough understanding of the flaw which exists for our country's present mining right system. Because the mining right system involves three aspects main bodies: nation, the mining right person, the social public. So this part from these three aspects, utilizing different analyses tool to carry on the careful analysis of each kind of benefit relation which contains to the mining right system. In view of nation, the main body, based on its three kinds of statuses analyses of legislator, the property right limits, the supervise and manage, to promulgate in the mining right system, the dispose of the property right whether reasonable, supervising and managing mechanism and measure whether appropriate and under the mine disaster frequency, the reason to the national role to locate whether appropriate. In view of mining right person and social public, then to its connected benefit gambling relations has carried on the fine elaboration.