Legal Problems Of Mining Rights

Mining rights refer to the right of exploring,mining,possessing some specific mineral resources that exist in specific mineral area which is ruled by nation. Ming right is consist of exploration right and mining right. The exploration right refers to the right of exploring some specific mineral resourcesthat exist in specific area. The mining right refers to the right of mining and possessing some specific mineral resources that exist in specific area.Traditional understanding of mining right is that the mining right belongs toquasi-materal right,usufructuary right,chartered right and so on. The nature of mining right is uncertain. The main reason why uncertain exists is that resource is owed by nation,so the mining right is established through administration license. The other reason is that the object of mining right is not specific. The law of material right clarified that the mining right is usufructuary right.The definition of the nature of mining right is important to perfect the system of mining right and improve the mining right market. The free exchange of mining right is an important criterion for juding whether it can become an effective property right. The article discusses the importance of establishmentof mining right market,then analyzes the deficiencies existing in rescource law of China. The mining right exchange should include remise,mortgage,hire and inheritance.This article probe into the attribute of mining right and the mining right belonging to property right in the aspect of legal and deficiencies existing in mining resource law ,it puts forward essential ideas and proposals to improve legal system of mining right.