Mining Rights Disputes And To Solve Difficult Problems

Mineral resources are valuable wealth of one nation, and important physical foundation for the existence and development of human and society.. With the growth of industrialization and population, there is growing demands for mineral resources, conflicts between supply and demand have become increasingly conspicuous in our country. Because of large population, per capita of mineral resources in China is much lower than the world average; Coupled with low utilization, and more serious wasting, the shortage of mineral resources is more and more obvious, thus restricting economic development. Therefore,the acquire and transfer of mining rights are the key points of the entire mining industry.The establishment of mining rights market, mining exploration with commercial risk and development require to improve the mining rights and the system of transfer. Reasonable systems and arrangements of mining rights transfering are the important safeguard of legitimate rights and interests of owners and main body of national mineral resources. However, with the development of economic globalization, the deepening of opening up policy and perfection the economic system of socialist market, China's mining rights system meets the new challenges. Practice shows that the existing relevant legal system still have imperfection and even missing parts. Mechanism of regulation of the market is far from being handled well, there is still large gap between the systematical target and the actual results.This paper firstly proposese difficult problems of dispute in trial practice of mining rights.Secondly, it defines the mining rights, transfer of mining rights so as to help readers have an overall understanding of the dispute in mining rights transferring. Thirdy, the author of the paper puts her emphasis on giveing out her suggestionds for the improvement of related judicial and legislative measures and law-making systems.This paper is closely around the difficult problems in trial practice such as: different application of judges because of the varying of administrative regulations and rules in mining rights dispute; different judges have different attitudes towards the transferring of mining rights because of various forms,etc,.The author of the paper tries to seek the best solutions for the practical problems encountered in dispute of mining rights through rational thinking and analysis.