The Comparative Study On Foreign System Of The Real Right Of Mineral Resources And Its Inspiration To China

Mineral resources, one of the exhaustible natural resources, are the important materials foundation for the human survival and national economic and social development. The scarcity of mineral resources has been the obstacles for economic development, which is a major problem almost all the countries in the world are facing. In the countries with abundant mineral resources and developed market economy, laws and regulations of national mineral resources occupy comparatively a more important position in the national legal system. And research on foreign successful experience and best practice of the legislative practice of the legal system is of great significance to the formulation of real right of mineral resources in China's legal system. In the dissertation, the comparison research is conducted with ownership of mineral resources, usufruct right of mineral resource and security of mineral resource in foreign countries, which is based on the real right attribute of mineral resources. Then combined with China's current legislative status, a comprehensive assessment is also conducted. In the conclusion part, the concept of the perfection of real right of mineral resources in current China's legal system is put forward with a view to help improve real right system in China.The dissertation is divided into seven parts with about 50,000 words. The first part is the introduction, and the seventh part is the closing remarks. Mainly reviews the background and significance of the selected topics. The second part comments on China's mineral resources in the current legislative situation and its existing problems, and gives an overview of some scholars'study on real right of mineral resources in China's legal system. It also analyzes the real attribute of mineral resources and concludes that: mineral resources in line with civil law in the "object" in nature can become the object of real right. This is the basis of the dissertation.The third, fourth and fifth parts conduct comparison study with the real right of mineral resources in foreign legal system. Through the assessment of theory and practice relating to the ownership, usufruct right and security of mineral resources in major countries, it studies extensively the real right of mineral resources in depth, and focuses on ownership of mineral and it's realization, and the general theory of mineral right, the conflicts between mineral right and land property right, and it's market circulation, the characteristics of security of mineral resources and realize the elements and risk prevention, etc. These theoretical foundation and characteristics of mineral resources in the legislative play decisive role to the basic structure and content of the mineral resources law, which will be undoubtedly good reference for the improvement of the real right of mineral resources in China's legal system.The inspiration of the foreign system of the real right of mineral resources to china is in the sixth part. Based on comments on China's mineral resources in the current legislative situation and its existing problems, good practice in foreign countries and selected theories, it suggests measures from the perspective of perfection of the legal system to help improve China's real right system of mineral resources. The combination of the market mechanism and macro-control mechanism are its main thread. This part focuses on the concept of improving the real right of mineral resources in China's legal system, including the real right system of mineral resources, the ownership system, the usufruct right system of mineral resources, the security system and the perfection of the amendment system of real right. It draws a distinction between mineral right system and related mineral right and also clarifies the relationship between land property right. In the dissertation, the detailed study and design is made for each related system, which is innovative in certain degree.