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The Study About Law Problems Of Mineral Resources Exploration

Posted on:2010-08-19Degree:MasterType:Thesis
Country:ChinaCandidate:X B JiaFull Text:PDF
GTID:2189360278960344Subject:Economic Law
Abstract/Summary:PDF Full Text Request
China is a country with great mineral industry, with a large amount of mineral resources while a small amount of the resources per capita. It's of great importance for the development of mineral industry economy to understand scientifically the situation of China's mineral resources and grasp its features and matters of law in the developing and utilizing process.The study about law problems of mineral resources exploration involved both the concept of the field of civil law and the theory of economic law; Not only has the natures of private law, but also has characteristics of public law; Both need the administration punishment and the civil remedies. Moreover, the study has many features such as cross-disciplinary, complex, practical and so on. So we need to have the civil law views, economical law knowledge's as well as the method of compaction.Based on the review of the concept and the characteristics of the mineral resources and introduction about the achievements of mineral resources exploration, analyzed a series of social problems caused by the development of mineral resources. There is the reason of policy and technical, but the final analysis is the mineral exploration law behind the development of time. To the premise of the insufficiency of current law of mineral resources exploration in china is discussed and thought over after probing detailed its actuality, deep researches are conducted in the aspects of lacking laws, system defect, and governmental administration losing control, lack of legal accountability and so on. Based on the review of the advanced mining legal on the abroad, the author focused on the legislative structure that should inherit our legislative fruits, accommodate to international practice and adapt to china's practical situation on the operation and administration of mining legal. First of all, based on the detailed analysis about legal property of mining rights, we attempt to design a set of mining rights legal in line with my legal system; the second, construct a set of the tapes of expenses and taxation about mineral resources exploration which can promote the rational development and utilization about mineral resources through reform resources taxation and compensation fee of mineral resources; the third, achieve efficient administration through unify administration of gains and it's legal duty; the last, enhance the actionable of mineral resources legal system through formulate the civil rights and civil liability of the people who have mining rights, as well as install a set of practical ways to responsibility according to different circumstance.All in all, the solution is a systems engineering, complete legislation is indispensable on the one hand, administrative management should, on the other hand, be strengthen so as to carry out laws effectively and forcefully and make the system take effects fully. Only like this, can we fulfill the sustainable development of mineral resources and realize the goal to sustainable growth of national economy.
Keywords/Search Tags:mineral resources, mining rights, resources taxation, compensation fee of mineral resources
PDF Full Text Request
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