Research On The Legal System Of Mining Rights Transfer

Mineral resources, as the basic industries of the national economy,is the essential foundation on which human society is survived and developing. In recent years, a prominent shortage of mineral resources has challenged the economic and social development in China. Thus, the study of improving the mining rights transfer system and promoting the development of mining industry bears unique significance. Some developed countries, especially the United States, Canada have established a relatively perfect system of mining rights. The implementation of its classification and grading for mining rights management, its more freedom transfer system provide meaningful input in China's reform of legal system.Transfer of mining rights, includes mineral rights settings and mining rights transferring. Mining rights are set in level I market with the forms of agreement, tender, auction, transfer, etc. The transfer of mining rights takes place at secondary market in the forms of sales, cooperation, gift, inheritance, lease, mortgage and so on.The following problems exists in China's mining rights transfer system : lack of norms to coordinate conflicts between mining rights and land rights; mining tax and fee system is unreasonable; too many restrictions on the transfer of mining rights, mining rights transfer market mechanisms and evaluation mechanism leaves much to be desired,etc. Therefore, it is necessary to improve the transfer system of mineral rights in China.prospecting sites and mining sites should be differential treated, non-profit strategic minerals have priority.The resources tax should be abolished, and the mineral resources compensation fees and mining rights standards should be increased; In the transfer of mining rights, restrictions on the transfer of mining rights should be relaxed mining rights contracting and devolution of authority should be allowed; In the mining transfer rights market mechanism, market competition should be introduced to the mining rights-based transfer system of classification; establishment of mineral rights transactions; foster intermediary services and standardize the behavior of intermediary services.In the mining rights Assessment, mining rights should be established to assess the basis of scientific theory; improve the mining rights assessment of laws and regulations.