Study On The System Of Land Use For Mining In China

Mining land system is the basis of the mining property rights system. With the great development of the mining right on marketing, mining land has become the great factor in market which occupy an important position in the prospecting and mining rights to acquire.At present, China's"Mineral Resources law"in the mining sites have not been as important elements to be provided,"Land Management Law"have no special provisions. Mining sites belong constructive land, which must be achieved though the land acquisition.In recent years, there are some domestic experts and scholars have started to pay attention to the mining sites in the absence of the legal basis, which they also thought in mineral rights and land use rights can be easily conflicated and mining land have many problems in management. In this paper, the author tries to analyze the problem of mining land, which put forward policy proposals and try to construct a reasonable mining land management model, in order to provide valuable suggestions in promoting the intensive use of land and mineral resources of the rational development.This article systematically analyze on how to develop the mining sites and improve the legal system , which can be divided into four parts: The first part, mining sites related to the legal system and basic concepts of basic theories; The second part, foreign mining land legislation and its analysis; The third part, China's mining legislation for the current situation and problems; At last, China's mining industry for the improvement of legal system. The specific ways as follows: First, we should correctly handle the relationship between the land use rights and mining rights; Second, we should correctly handle the relationship ; Third, we should practice"land stake in the system"for getting the land use system. Finally, we should balance the interests of all parties in handling the interests.