On The System Of The Real Right Of Mineral Resource Under The Real Right Law

Mineral resource is an important material basis for the existence and development of human society. It is significant for the development of the national economy. Almost every country pays serious attention to mineral resource and makes every endeavor to perfect the legislation of it. The real right of mineral resource is the essential result of promoting the efficient use of mineral resources, improving the protection of mineral resources and clearing property rights of mineral resources. Mineral resources have the feature of "objects", so it can become the object of property.The real right of mineral resource of our country is imperfect which might lead to some problems, for instance, the interests of the owner of mineral resources could not be reflected or even get guarantees by law, and the Security interest of Mineral Resource will miss, too. This paper aims at analyzing and discussing the fundamental issues in the law of mineral resource in the background of Real Law which has been enforced for a while.This paper follows the pattern which the traditional real law initiated, emphasize the analysis of the ownership of mineral resource, usufruct of mineral resource and the security interest of mineral resource. In combination with the basic theory of the mineral resource law, this paper makes a thorough exploration of the mineral resource right in the field of real law.There are six sections of this paper, including introduction, the basic properties of the mineral resource law, the ownership of mineral resource, usufruct of mineral resource, the security interest of mineral resource and the conclusion.Based on the fact that the traditional objects of real law differ from the objects of the natural resource law, but it does not affect the definition and study of real rights of mineral resources. We believe that the natural resource real right will be a supplement and evolution to the traditional real right theories. The basic properties of real right are intrinsic in natural resource real right, which makes it possible for us to combine the two fields and study it as a whole. The national ownership of mineral resource has edge over other systems. However, we can't deny that the disadvantage of this system is also obvious and not negligible at all. Usufruct of mineral resource must belong to usufruct, while the security interest of mineral resource is mainly about the issues related to mortgaging the usufruct of mineral resource.