The Research Of Mining Right Transfer Legal System

Mineral resources occupy an important position in the national economy, rational use and protection of mineral resources has become a major national task, the countries in the world attach great importance to mineral rights legal system studies. Mineral Resources Law and the provisions of our Constitution mineral resources belong to all countries, the State is the sole ownership of all mineral resources subject. The right to use mineral resources is derived from its ownership by right of tenure into mineral resources prospecting and mining rights. Refers to the right of state-owned mines mining enterprises, collective enterprises and individual miners, mine main, have been registered in accordance with the legal procedures in the particular area or work in the exploitation of certain state-owned mineral resources, access to minerals, and the exclusion of others, the right of intervention. Mining rights in accordance with legal provisions conditions circulation. Mining rights transfer to the mining rights transferring, transfer (including cooperation in prospecting or exploitation, pricing expense, listing, leasing, mortgages, etc.), mining rights primary and secondary markets. Primary market refers to the country as the owner of mineral resources will be sold mining rights paid to miners;Secondary market is mining rights in the mining and other economic entities transfers. Broad mining rights to the land, including mining rights sold, transferred, the narrow mining rights should only mining rights transfers. The discussion of a broad concept of mining rights transfer, including the primary market and secondary market transfer taxes.China's existing mining rights should form a legal system a long process of development. The circulation in the mining rights issue, but also by severe restrictions on the initial transfer to allow conditional transfer. At present, China's implementation of mining rights paid to acquire, paid use, according transfer system. China's existing mining rights transfer system is not perfect, too many restrictions on mining rights transfer, the transfer of mining rights for the lack of operational procedures, land-use restrictions have severely restricted the right to transfer mining rights. Legal system does not play a regulatory role effectively, leading to the illegal practice of mining rights circulation problems there, endangering also very serious, restrained the healthy development of mining.Mining rights of the illegal circulation problems are seriously hampering the healthy development of mining, its necessary research, the question of the legal regulation of scientific system for mining to health development and to implement the scientific development concept, to enhance mineral resources for sustainable economic and social development support capacity building society has a very important significance. Efficient mining rights norms conducive to the circulation of the national economy of sustainable development and help reduce accidents, and help to enhance the efficiency of the use of mineral resources, conducive to achieving national energy security, we can attract foreign capital investment in the mining of mineral resources development.This view, we should actively learn from the world's advanced experience of other countries and regions and legal systems, and further perfect the country's mining rights transfer legal system. To strengthen the unified management of mineral resources and mineral resources management to the provincial government powers, and strengthen the management of mining permits. In concrete measures to improve the development and improvement of relevant laws and mining rights market to strengthen the management, to mining rights market intermediary organizations, establish a rational distribution of the proceeds of mining rights mechanisms.