| Mineral resources are our country's important treasure, which are necessary material basis for our people's living and development. With the development of the industrialization and increase of population, we need more and more mineral resources, so that the conflicts between supply and demand are increasingly growing. China is a country with a huge population and comparatively insufficient mineral resources; especially the resource per capita is far below the world's average level. What's worse, the comprehensive utilization is very low and the phenomenon of wasting is very serious, finally coursing the severe shortage that constraining the economic development. In order to eliminate the malpractice on the current management system, maintain the safety of exploration, improve mineral utilization efficiency and protect the ownership of mineral resources of our country, we should build up a mineral law system with Chinese characteristics following socialist market economy law, the rule of prospecting and exploration mineral resource; establish a mineral marker model with characters of fairness, publicity, competition, order and uniform.The courses of mining right obtaining and circulation are very important during the mining industry operation. Both the establishment of mining right market and the venture prospecting or exploration mineral resource commercialization require definite and perfect mining right obtaining and exchanging system. Arrange these systems properly can guarantee the country's ownership interest and the mining rights owner's legitimate rights and interests. During the different period of our country, we have drawn up a lot of rules to guide the mineral resource prospecting and exploiting activities safely and effectively. After so long time development, we have shaped nearly all-basic law and rules, which reflect the fundamental legal principle of achieving compensable and exchanging orderly. But with the development of global economic, deepening open policy and perfecting socialist market economy system, our country's laws concerned come across some new challenges. The practice indicates that the present law system concerned is imperfect and even blank in some aspects; the regulation function of market mechanism has not played well; and there is a wide gap from the present effect to the stated goal. Some scholars have put lots of energy on this area in recent years. On one hand, some of them have achieved fruit; on the other hand, there are some important problems requiring further study, such as the theoretical foundation, ways and procedures, paths to involve in etc.Firstly the paper summarizes the concept and the implication of mining right, and the characteristics of obtaining and circulation, in which we can have a whole knowledge of mining right theory. Secondly, the paper introduces and analyzes characteristics of the concerning law published by Japan, the United States, Australia, and Taiwan in lawmaking and the end of Qing Dynasty, the Republic of China, the People's Republic of China, which is possible for our country to draw lessons form them to build up our own mining right obtaining and transferring law system in the future. Finally, combining the existing problems, the paper puts forward suggestions on the construction and perfecting the mining right obtaining and transferring system, namely adhering to the marketization and propelling the reformation of law system.Throughout the whole discussion process, this paper firmly centers on several hot issues, such as the bipartite system appearing in the course of mining right obtaining, the mineral resources rights and interests distribution between the central and the local, the problems of current taxes and fee collection system etc. this paper tries to seek the perfect way to solve the practical problems appearing during the mining right obtaining and transferring through rational thinking and analysis. |
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