A Study On The Circulation Of Mining Rights In China

Mineral resources play an important role in the development of social economy. But the limitation of Mineral resource and the infiniteness of human needs ask the rational allocation of mineral resources, so as to realize the maximization of the value of mineral resources. Establishment of mining rights market is a prerequisite for allocation. Mining rights transfer system is realized by the exchange mode of mining rights. To improve and perfect the exchange mode of mining rights is important. With the development of mining rights transfer market, the transfer of mining rights in practice cause many problems because of the immaturity of mining rights transfer system, for example mining rights is illegally transferred, safety accidents occur frequently and environment is damaged seriously. We need to strengthen the supervision of the mining rights transfer system.This paper consists of four parts. The first part introduces the basic theory of the exchange mode of mining rights. The second part is the analysis of the status of legal norms of the exchange mode of mining rights from the supervision of the mining rights transfer system and the mining rights transfer contract. The third part explains the problems of the exchange mode of mining rights, which includes mining rights is illegally transferred, the administration of mining rights mortgage is confused, the qualification of transferee is principled, the trading institutions are irregular and the duty of the examining and approving organization is not rational. Then the reason that caused these problems is analyzed. The last part is the perfect suggestions of the exchange mode of mining rights, which is improvement in legislations, the definiteness of the qualification of transferee, the regularities of the trading institutions, the exactitude of the examination and approval of the mining rights transfer and the strengthen of government supervision.