Mining Rights Circulation Legal System Research

With the development of our country's economy and the improvement of industrialized level, the demand for mineral resources is sharply growing, and by contrast, the mineral resource is finite and non-renewable. Both of reasons make the supply and demand increasingly prominent. It can improve the efficiency of mineral resources and effectively ease the contradiction between supply and demand for mineral resources by constructing a mining legal system with Chinese characteristics and establishing a mining tenement markets with characters of fairness, publicity, competition, order and uniform. The mining circulation system,of which the rationality is directly relevant to whether a efficient mining tenement markets can be established,is a key point in the operation of the mining system. However, the practice shows that there are still many imperfections in the existing relevant legal system, the regulatory role of the market mechanism can't be played well, and the goals and actual results remaining in the larger gap.In this paper, the method of comparative law is adopted. First, taking the basic theory and system of the transfer of mining tenement as an entry point, the paper research and define the concept and legal nature of mining tenement, and define the concept and principle of the transfer of mining tenement, in order to have a systematic understanding of mining tenement and its transfer theory. Second, the legal system for the transfer of mining tenement of China, Australia and Vietnam are described and analyzed. And in this base the legal system of the transfer of mining tenement in the three countries is compared and summarized, in order to improve the legal system of China's mining rights transfer to provide reference. Finally, the paper analyzed the problems of China's current transfer system of mining rights and the corresponding improvement of the program.The paper research our country's legal system as the foundation, and implement the meaning of reference by researching the system of transfer legislation of Vietnam and Australia.