Research Of Mining Rights Transfer

The mining industry has the foundational industrial status in a country's economic system, the consummation mining industry circulation legal regime may provides the good legal environment for the mineral resource development and the use. this article first introduced domestic and foreign to the mining right meaning different understanding. Various countries legislation mainly has one point law, the dichotomy, the trichotomy to the mining right division. What our country legislates to use is the method of one-divides-into-two, divides into the prospecting power and the mining right the mining right, they are the mining industry activity different period rights.Next, carries on the elaboration to the mining right nature. This part introduced first our country academic circle to the mining right nature's discussion, mainly had the property rights saying that had no right to mediate said with the profit real right. This article thought that the mining right nature used with the profit real right said the comparison tallied with our country's actual situation, moreover the newest promulgation "Reality of laws" also to use the mining right limits the profit real right.The paper then introduced the overseas mining right circulation legal regime, including countries and so on Brazil, Chile, Australia. Looking from these country's mining right circulation law, the world most countries permits the mining right the circulation, is only limits the degree to be different. The overseas mining right circulation law is perfect, including has the explicit legal norm to the mining right circulation's correlation technique standard and the standard. Our country's mining right circulation law, mainly includes the mining right to sell, the transfer law. The mining right person must have meets the laws and regulations requirement to be engaged in the related mining industry activity the intelligence, may be the legal person, the natural person and other organizations. Generally speaking, the mining right must defer to the condition which and the procedure application the national relevant law laws and regulations stipulated obtains, after observing the agreement pledge and the stipulation duty, only then may enjoy certain investigation, the mining right.Through to overseas and domestic mining right circulation legal regime's research, has analyzed our country mining right circulation legal regime's deficiency, like the mining right value assessment law is short, the mining right circulation information smoothly and so on, proposed in view of these insufficient this article consummates the suggestion to the related mining right legal matter.