Study On China Mineral Right Circulation System

Mineral resource is a foundamental element in the development of a national economy, especially in the industrial field. In order to achieve resources'efficient usage and appropriate allocation, and to promote harmony development among population, resource and environment, perfect mineral right circulation system is quite necessary. This is the start point of the paper. Except for the preface and the conclusion, the paper is divided into four parts. For a monolithic understanding, the paper starts from the basic theory of mineral right circulation. A clear-cut definition of mineral right and mineral right circulation are made and the property of mineral right is identified. Secondly, the current law system about mineral right circulation is analyzed, in which consists of the rules about mineral right circulation in the primary market, in the secondary market and the concrete ways of circulation. On this basis, the paper investigates the problems in the mineral right circulation law system. The problems are as follows, the lag of law system which regulates the circulation of the mineral right causes the circulation lacking law direction and regulation, the marketization degree of mineral right circulation is underdevelopment, the property right law of mineral right is in need of perfection, too much restrictions in the mineral right transfer system and the assessment system is not perfect, etc. Aims to solve these problems, the author raised some proposals with the theory of legal studies by comparisons of some nations which are advanced at mineral right legislation. The proposals are as follows, substantiating the regulation of Ore Resources Law on the circulation of mineral right, fully introducing the market system to realize the marketizaton of the mineral right circulation, strengthening the property rights law system, reducing the restriction on the circulaton of mineral right and perfecting the assessment system of the mineral right system. By rasing and solving the problems, the author hopes to offer some advices to the perfection of mineral right circulation in our nation, and hopes these to be a reference for the coming modification of the Ore Resources Law.