Legal Study On Coal Resources Property Right Market

The coal is the foundational energy of national economy development in China. According to the existing legal regime, the coal resources belong to the country all, but it is actually fuzzy with related right boundary. The coal resources property right market mechanism also lacks the essential legal safeguard, which gives birth to a lot of social and economic problems. To study the coal resources property right is a pretty sound way to maintain the sustainable development of coal profession.It would be indicated in the following five parts through a new research method about the coal resources property right:The first part:"Legal analysis on coal mine property rights". There are three main problems, which are the unclear nature and the unregulated intervention of power authorities, and the disordered coal mine property rights. The author proposes that the point should be four new standards, resting on the constitution, the legal rule and the social economy life reality, but not the insignificant theory discussion. The government is supposed to explore a new way with the marketability deployment as the foundation, and use the industrial policy and powerful supervising to maintain the country energy security.The second part:"The conceived mechanism of coal resources property right market in China". The author proposes a two-level deployment mechanism of the coal market, namely the coal resources property right deploying market and the property right circulating market, and the basic principle of the fair competition is supposed to be manifested. The author encourages to create large-scale coal enterprise groups and promote the coal profession scale benefit, which could simultaneously enhance the economic efficiency, promote technological innovation, reduce the energy consumption, and safeguard production safety to promote the sustainable development.The third part:"The legal deployment mechanism of coal resources property right". The legal mechanism of deploying the coal resources property right is the first-level market in the mechanism, which tends to maintain the marketability deployment. The author believes that the transfer mechanism still has its existence social economy foundation in the present situation, and the tender, the auction and the license mechanism are supposed to maintain fairness and simultaneously reflect the policy orientation of government.The fourth part:"The transfer legal mechanism of coal resources property right". The transfer legal mechanism of coal resources property right is the second-level market in the mechanism, which includes the main body, the procedure and the way. Simultaneously, the author points out the prohibition and the exception and finally discusses the succession of coal resources property right.The fifth part:"The transaction of coal resources property right and the fulfillment of responsibility". It is indicated that the benefited subjects should take the safety in production, the environmental protection responsibility and the taxes and fees payment responsibility. Simultaneously the coal resources property right enterprises should undertake the corresponding social responsibility resting on the contract to realize the basic request of market economy-"small government, big society" and finally achieve double-win of enterprise benefit and social efficiency.