The Study On Problem Of Legal Of The Property Right Trade Market Of Mineral Resources

The mineral resource is not only the important material of production and life but also occupies the important position in country strategy safety, lifelines of the national economy. For a long time, the implementation of the mineral resources is "to free" system ,and the configuration mode of mineral resources in accordance with the administrative power in China, does not have the existence premise of the property right trade market of mineral resources naturally. In 1986 "People's Republic of China Mineral Resource Law" promulgated by the end of the exploitation of mineral resources free of history, imposed resources compensation, but still prohibited mineral resources transaction. After the "People's Republic of China Mineral Resources Law" was amended in 1996, it has established the prospecting and mining rights to the compensation system so that the payment system more complete, the property right trade market of mineral resources gradually started to build. It is that the establishment of the property right trade market of mineral resources is a very important action that changes the function field that the administration disposes to, and returns to original state market mechanism space in China. At present, the market is still in the preliminary stage of development, although the market mechanism plays a role in gradually, but the problems which still exist for adequate attention. In discussion of the solution ways, displays the binding force of law have becomes the focus of attention in the establishment of the market, also constitutes the content which this article elaborates.This article has adopted the method of empirical analysis, comparative analysis, social law analysis, economical law analysis, and started with the concept, attribute of the mineral resources, the definition of the trade market of the property right, and summarizes the concept and characteristic of the property right trade market of mineral resources, and has laid a theoretical basis for the following elaboration. This article is divided four parts and is summarized as follows:In the first part of the analysis of present situation of the property right trade market of mineral resources, the author have concentrated on introducing the current situation of the property right trade market of mineral resources, and pointed out this market is composed of the primary market and the secondary market. Secondly, this article has pointed out the problems exist in the property right trade market of mineral resources, that is: the property right is misplace; the function of right is violate to the rule of market; the perform of power is violate to the demand of responsibility and taxes and fees of mineral resources are set unreasonable.The second part is the major reason the questions which are mentioned in the first part. The author think that the reasons which cause the above questions produce to include: the theory reason includes that the priceless theory of resource and "the absolute theory property right"; the practice reason includes that the market mechanism is not perfect that is to say there is a vacancy of the intermediary agency, types of trading transactions are incomplete and rules of trading transactions are unscientific, the function of government cannot be determined clearly, that is the power of owner is "misplace", the function of manager is "offside" and the function of supervisor is "vacancy". In addition, it is one of the reasons that the legal system is imperfect.The third part is the investigation about the property right trade market of mineral resources in America and Australia. This article is on the basis of the outline of the property right trade market of mineral resources in the two countries, and summarizes worth respects that our country should draw lessons from them, the author hope that it is helpful in the instruction in practice.The fourth part is the key point which this article elaborates. In this part, this article elaborates the solution of existence problems in the property right trade market of mineral resources with the law as the perspective from the civil law, economic law and administrative law of the three departments. First of all, the civil law acts on the property right trade market of mineral resources to reflect in three aspects: the rational arrangement of the property right of mineral resources, the utilization of the principal-agent relates and the application of the neighboring relations theories. Secondly, the role of economic law on the property right trade market of mineral resources is in three aspects: application of the subject theory of the economic law, the utilization of market regulation law and macro-control law. Finally, the role of administrative law in the property right trade market of mineral resources is in three aspects: the application of the basic theory of the administrative law, to establish scientifically the administrative permission item in the property right trade market of mineral resources, and to administrative safe production supervision strictly in mining to ensure the adequate supply of minerals.