Research On The Legal Issues Of Mineral Exploration Rights Circulation

Mineral resources are the material basis of human social development; it is related to a country's economic strategy and the people's livelihood. How do we develop resources in a scientific and reasonable way, and use it in a full and effective way, as we face an important issue. China has established a legal system of mineral exploration circulation, and distributed in our country's Constitution, Mineral Resources Law, Property Law, administrative regulations of mineral resources, local and department regulations. But there are many problems that the legislation is lagging behind relatively, law and department regulations contradict each other, the relationship is uncoordinated between public and private rights. They seriously impeded the effective implementation of the legal system of mineral exploration rights and the establishment of the orderly market of mineral exploration rights circulation. In this article, the objective is to perfect the system of mineral exploration rights circulation, it based on the existing theory of mineral exploration rights and the practice of mineral exploration rights circulation, use Civil Law, Economic Law, using Administrative Law and other related theories, and the way of empirical analysis and comparative analysis, etc.. The article analyzed the main issues involved in the circulation practice and the system of mineral exploration rights circulation.The article consists of five parts in addition to introduction and conclusion.The first part is the analysis of the basic problems for mineral exploration rights circulation. The concept and nature of mineral exploration right, and the legal relationship involved in mineral exploration right, they are the basic issues of the mineral exploration rights circulation. Mineral exploration right is the right that the obligee enjoy exploration right and receiving the proceeds right to mineral resources in an area according to law in a certain range, within a certain period of time. Mineral exploration right belongs to usufructuary right in nature. On the legal relationship involved in mineral exploration right, the subjects of mineral exploration right include the applicant of mineral exploration right, the investor of mineral exploration and exploration units undertaken mineral exploration tasks; the object of mineral exploration right is of mineral resources, specifically, specific regions of implementation of the exploration of the mineral exploration right and specific minerals; the rights of the holder of mineral exploration right include the exploration rights, the priority to obtain mining rights, the right of self-recovery of sales, the right to retain mineral products; the obligations of the holder of mineral exploration right include the exploration progress report, year by year paying royalties of mineral exploration right, delivering geological exploration data, handling mineral exploration right change procedures.The second part is a prerequisite of mineral exploration circulation ? paid acquisition of mineral exploration right. The paid acquisition of mineral exploration right is the prerequisite and foundation of the system of mineral exploration right circulation. The implementation of paid acquisition of mineral exploration right is an effective way for the national management of mineral exploration activities, is an important means to protect the national economy for the mining demand. The fully implementation of paid acquisition of mineral exploration rights and mining rights, ended "two-track system" problem of the paid acquisition of mineral exploration right, for all types of market subjects to create a level playing field. State remise is the nature of the forms of the paid acquisition of mineral exploration right, state being the identity of the ownership of mineral resources, the right to use the mineral resources within the statutory time limit remising to investors of mineral exploration right, from mineral exploration right to obtain payment of mineral exploration right to the state according to law usage charges, if remised by the state funded mineral exploration right, is also required to pay the price.The third part is the choice of basic pattern of mineral exploration rights circulation. An important part of the system of mineral exploration right circulation is the forms of mineral exploration rights circulation. In China, the mineral exploration rights circulation has two ways, one is vertical circulation or the remise of mineral exploration right, that the state as the owner of the mineral resources remise the mineral exploration right to the citizens, legal persons or other organizations; the other one is horizontal circulation or the transfer of mineral exploration right, that the holder of mineral exploration right transfer the mineral exploration right in condition of compliance the law, it is the prerequisite and part of mineral exploration right circulation. The remise of mineral exploration right form the primary market of mineral exploration rights circulation, on this basis, the transfer of mineral exploration right form the secondary market of mineral exploration rights circulation. The market system is formed by the primary and secondary markets of mineral exploration rights circulation in the process of mineral exploration rights circulation.The fourth part is the analysis on practical problem of mineral exploration rights transfer. The transfer of mineral exploration rights is an important part of mineral exploration rights circulation, the practical issues are more prominent, and deserves our special attention. For appraised value issues of the mineral exploration rights, Company Law, its provisions is blank in this area; mineral exploration right is recognized as a property, complete with legality of the transfer, as an executable asset, it is in line with Company Law on the funding requirements. Appraised value of mineral exploration rights contributed as conducive to promoting the financing of enterprises, have unique advantages more than over other circulation methods. For commissioned and cooperation of the mineral exploration, it is a common way that the holder of mineral exploration right commits geological exploration unit to carry out surveys of mineral exploration activity, in this way, the agent market of exploration activities is actually place of mineral exploration right market. To the assessment issues of mineral exploration results, exploration data is equivalent to the statement, it is unnecessary to assess exploration data alone for the transfer of the mineral exploration right. The fifth part is the improvement measures of mineral exploration rights circulation system. China has established the system of mineral exploration rights circulation, but many systems need to be continued to perfect. First of all, for the primary market of mineral exploration rights circulation, the state administrative supervision organs must persist in administration according to law, in order to form a right establishment mode of the market economic law of mineral exploration right circulation. Secondly, for the secondary market of the mineral exploration right circulation, the state should cancel or reduce unnecessary restrictions on the mineral exploration right circulation, fully respect and protect the legitimate rights and interests of the holder of mineral exploration rights. Again, the proposed laws make clear on the transfer behavior of appraised value of mineral exploration right, lease of mineral exploration right, mortgage of mineral exploration right, etc. Recovery times, the competence in Mining rights management need a scientific and reasonable division of the central and local, the management mode should be changed that two rights approval over concentrate in central and provincial management apartments of land and resources, the management apartments of land and resources of State Department should change the management focus into policy research, macro-control, supervision and management. Finally, we should gradually establish a standard mineral exploration right market, refining, clearing the transfer conditions of the mineral exploration rights and the approval criteria of the transfer of the mineral exploration rights, strictly controlling access conditions of the mineral resources exploration, financial capacity is the basic security to carry out mineral exploration, establishing withdrawal mechanism of the mineral resources exploration and an open information system for applying mineral exploration right in a "first apply, first get" principle, protecting the interests of the applicant of mineral exploration right.