| Mineral resources has long been the material foundation for the living and development of human beings. Each rapid progress in productivity was accompanied by the advancement of the utilization of mineral resources. Ever since the industrial revolution, mineral resources have brought us the unprecedented prosperity as well as various problems, among which the core issue is the income distribution of mineral resources.This thesis starts from the basic theories of mineral resources income distribution. Then by analyzing the existing laws and regulations as well as the current situation of implementation, this article comes to the conclusion of the problems inhabited in the current legal system of mineral resources income distribution, with the aim of clarifying the relationship between the parties of income distribution and their according rights. Furthermore, this thesis intends to seek out the fair and reasonable basis for the eligibility and legitimacy of their rights. In this way, some suggestions can be provided to help form a harmonious legal mechanism which ensures the justice and equality in mineral resources income distribution and the relative parties.There are six chapters in this thesis. The first chapter is the introduction in which thorough analysis of previous literature both home and abroad has been conducted. In the process of researching, documentary analysis, empirical analysis and comprehensive analysis were employed, with the intention of coming up with some coping strategies for the current legal system of mineral resources income distribution. The second chapter states the summary of income distribution in mineral resources. Mineral resources have particularity. This chapter focuses on the concept of mineral resources, mining rights and the income distribution of mineral resources; also the legitimacy of relative stakeholders in the participation of distribution, i.e. nations, local government, prospecting units, mine enterprises and the residents of the mining fields. The third chapter illustrates the current situation of legislation in mineral resources. The compensation system in mineral resources originated from a non-compensation system. For now, the realization forms of mineral resources income distribution are mainly the royalties of prospecting and mining, the cost of prospecting and mining, the compensation fee of mineral resources and resources tax. Chapter four lists the primary issues existed in the current income distribution of mineral resources: the conflict of interest among different relative subjects in income distribution; the disorder of taxes and dues in mineral resources as well as its unscientific standard in levying. The last section provides some suggestions for the perfection of the legal system for mineral resources income distribution. This part first introduces the legal system in some federal countries, Norway and Kazakhstan. Referencing the excellent experience of foreign countries, the author offers some advices for the income distribution of mineral resources in China. Besides deepening the revolution in resource tax, trans-provincial tax can be levied and the funding system of mineral resources can be founded. The income should be lined towards the government in whose jurisdiction the resources are being output. The government can employ this revenue to restore and recover the local ecological environment and improve the welfare of the local residents. In addition, more emphasis should be put on the geologic prospect. In the meantime, the rights of the residents living in the mining field should be maintained, the social security system should be established and the ecological compensation system ought to be perfected. The last chapter point out that the legal system for mineral resources income distribution of our country can not be perfect in one step, it has to be improved step by step and promoted steady. |
PDF Full Text Request