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Study On The System Of Mining Property Right Exchange In China

Posted on:2009-03-13Degree:MasterType:Thesis
Country:ChinaCandidate:F F MengFull Text:PDF
GTID:2166360242990031Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Study of mining right transfer system bears unique significance since mining right is different from general property rights in terms of nature. Since the 1990's, Chinese studies of mining right transfer has become increasingly booming, but inherent weakness persists when it comes to providing practical guidelines on practice of mining right transfer, improving mineral resource development and utilization efficiency. This is where this paper makes a difference as this paper provides a theoretical analysis of the basis for mining right transfer given a clear definition of mining right transfer, and looks at the history of China's mining right transfer system using historical methods and provides meaningful input in China's reform of legal system for mining right transfer allowing for China's socio-economic conditions at present.This paper first makes a clear-cut definition of mining right and mining right transfer, identifies the private nature of mining right and analyzes the mining right transfer system from juristic and economic perspectives. Additionally, with an overview and analysis of history of China's mining right transfer system, this paper presents the current situation and problems with China's mining right transfer system. The author believes that the major problems with China's mining right transfer system include conflict between mining right and land right, protection of rights of mining right owner, problematic mining right evaluation mechanism and unregulated market. With an analysis of drawbacks of China's mining right transfer system, the author provides suggestions on self-improvement. It is the opinion of the author that the conflict between mining right and land right can be settled by continuous improvement to legislation, introduction of a system of simultaneous sale of mining right and land use right, protection of rights of land use right owner and collection of compensation. Protection of rights of mining right owner can be strengthened by specifying nature of mining right in law, broadening the scope of such protection and defining scope of administrative authority. As for continuous improvements to mining right evaluation mechanism, the author suggests several approaches including continuous improvements to laws and regulations concerning mining right evaluation, accelerating development of intermediary agencies for valuation of transfer price of mining right, establishing mining right evaluation association as mining right evaluation self-regulating organization. The author thinks it is appropriate to address the problematic market mechanism for mining right by strengthening legislation and market regulation andaligning itself with international practice.
Keywords/Search Tags:Mining right, mining right transfer system, land use right
PDF Full Text Request
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