Research On China Acquisition System Of Mineral Exploration Right

Mining industry is a basic industry of our country's economy. Our country's mining industry right comprises the exploring right and the mining right. A perfect acquisition system of mineral exploration right is a prerequisite condition of our country's mining industry's development and prosperity. The acquisition of the mineral exploration right is sorted into original acquisition right and continuous acquisition right. Original acquisition right refers to the right acquired from nation's offered exploration right by application, auction, and public biding; continuous acquisition right refers to the right acquired through mortgage and inheritance. This paper is going to do a research on the system of the original acquisition right, on which the acquisition right is acquired from an authority that registers and supervises the mineral exploration right.In order to understand the whole acquisition system of mineral exploration right, this paper starts with discussing the basic scope of the acquisition of mineral exploration right, by making the concept of the mineral exploration right and its legal nature clearly, defining the acquisition of mineral exploration right, analyzing the characteristics of right-acquiring, introducing the development history the system from the late Qing dynasty. Secondly, based on the legislation achievements made on our country's acquisition system of mineral exploration right, this paper introduces the procedures and methods of the right-acquiring of mineral exploration. Finally, as there are six issues existing on our country's acquisition system of mineral exploration right, for instance, mineral exploration corporation's investment right being lack of protection; the right of both vetting process and registration authority being too concentrated; the pricing system and royalties being unreasonable and etc., this paper correspondingly makes some legislative proposals from six aspects.