Research On The Legal Issues Of Mineral Resources In The Secondary Market

Mineral resources are important material foundation of human life and production. The development and utilization of the mineral resources of a country represent its economic development. By far the legislative thinking in mineral resources in China is still under the shadow of the planned economy system. The "Principal Prohibition" and "Relative Prohibition" on the secondary market of mineral resources prohibits the effect of market in material arrangement, which is against the market economy principle of China. However, in practice, the assignment of mineral resources is in disorder and is seriously affecting the usage of mineral resources and causing many social problems. Now China is witnessing an unprecedented development, and if the misuse of the secondary market of the mineral resources would seriously prohibit China’s economy. Therefore it is of ultimate importance of constructing an effective secondary market. The thesis is an effort to demonstrate the necessity of the role of law in exerting the effect of market and realize the best arrangement of mineral resources in the secondary market.Through using empirical analysis, this thesis starts from the existing legal problems in the secondary market of mineral resources, and proposes the proposals for reform by combing the problem and its cause. Through using the literature analysis method, the thesis is a synopsis of the domestic and foreign laws and regulations and relevant work papers in the secondary market of mineral resources. It makes clear the property rights of mineral resources, and proposes the capital operation mode for the capitalization of mineral resources. Through using the method of comparative analysis and by comparing the legislation of the circulation market of mineral resources in the developed countries and the developing countries, the thesis offers the reference for legal system of mineral resources in China in the secondary market. The thesis consists of four parts.Chapter one is an introduction to the current situation of the secondary market of mineral resources and an analysis to the current problems in it. The beginning part of this chapter is the introduction to the fact that legislation is lagging behind the development course of the secondary market of the mineral resources. Through citing examples and analyzing integration of coal resources in Shanxi province, the thesis points out the absence of the related legislation in mineral resources exchange. Then trough analyzing the disjunction of the current mining law system of mineral resources and the secondary market of mineral resources, the thesis makes an analysis of the effect of the mineral resources transfer contract, transfer approval, and mineral resources in terms of mortgage contract.Chapter two is the analysis of the reason why there are problems in the current secondary market of mineral resources. First of all, it is the misunderstanding of the legal spirit, including the lack of the awareness of the change in economic system during the course of constitution revision and the misunderstanding of the property rights of the mineral resources. Secondly, there is conflict in the existing laws. The mineral resources law issued in 1996 prohibits the transfer of the mineral resources in principle, while some local laws and regulations are conflicting with the former and show excessive intervention on the secondary market of mineral resources.Chapter three is an introduction to the legislation of the secondary market of mineral resources abroad by analyzing either the developed countries or the developing countries. Generally speaking, both sides have a reasonable regulation on the secondary market of mineral resources. As for the legislation abroad, the opening of the secondary market has been popular, and the developed world has also capitalized the mineral resources and begun the sales of them. Both of the concepts and the practices have set a good example for China.Chapter four offers some advice to the legal system of the building secondary market in China. It offers proposals from the perspective of legislation, the reform on government management and market-oriented legal system, and proposes to transform the absolute management into supervision-oriented management, to build the monitoring system of the combination of government intervention and market orientation, and to complete the legal system of the capitalized secondary market of mineral resources.In sum, the thesis is a demonstration of the importance of market in legislation for mineral resources. It proposes to combine the market arrangement and government supervision, emphasizes the effect of the civil law in the secondary market of mineral resources and points out the effect of economic law in the secondary market of mineral resources. It also proposes to change the conception of mineral management legal system in which the private property would be well protected and the market-oriented legal system of the secondary market of mineral resources would be capitalized.