A Study On The Legal System Of Mining Rights Registration In China

Mineral resources as a national treasure, the date from the exploitation of humanbeings, are a necessary condition for mankind’s survival and development. Looking atthe current situation of China’s mining industry, since there are many achievements inthe implementation of the “Mineral Resources Law”, disorder, environmentaldestruction, waste resources, mine disaster and other ills it is still a fact that we haveto face. Behind these problems is the collision of interests of the game. Therefore,strengthening the management of the mining areas where mining is a very importantissue.Mineral rights registration system is an important part of the foundation andmining management, which can help to identify and protect mineral rights, reducetransaction costs, protect the security of transactions, promote mining rights andmining market economy. But China’s current mineral right registration system is verydecentralized in legislation, the provisions of the concrete system is more obscure. Soit is very important to conduct researches on basic system of mining right registrationfrom the aspect of property law with a purpose of stabilizing the mining right marketorder.This article should be addressed that how to improve our mining rightsregistration system. First, it should be on the basic theory of mineral rightsregistration system has an overall understanding by stating that the type of the miningrights registration,the main content (including registration authority, the scope ofregistration, register, registration procedures, registration validity),determining thesignificance of the registration system, to introduce and analyze its basic theory.Secondly, since the mineral rights registration system more professional and technicalcharacteristics, drawing on the advanced system of mining rights registration systemin some other countries and regions are both very necessary and more feasible. Finally,this paper analyzes the problems of mining registration and improves ourcountermeasures from the two levels of specific legislative and institutional. At thelegislative level, the country must have a clear legal basis for the registration of mineral rights and improve relevant laws and regulations; In terms of specific system,the country should be distinguish the transfer agency to the management authority,should be distinguish the “Mineral matter warrants” to “mining licenses”, should beclear registration effectiveness. In the course of discussion in the article, the articlemainly around the status and operation of mining rights registered practical problems,through a combination of theory and practice techniques, to find ways to solve theproblem. Combined with China’s national conditions, we should establish aregistration system for mining rights in line with actual needs.