Mining Land Legal System Research

Mining development relies on the use of land, and the mining land plays an important role in the land management and mineral resources management. But mining land do not be cleared in law for its particularity because of the limitation of mineral resources and the special location, mining land has been managed as one type of the construction land management for a long time and the mining enterprises have adopted the impose or transferred ways to achieve the land which the land administration law provided. Because of the land management system basically formed in planned economy period, with increasingly standardize of the land management and quickly development of mining economic, such land system has revealed the rationality and lagging, seriously break away from social reality in law, such as: disjointed between land management and mining right management, lead to lots of phenomenon of illegal land nuisance to rent instead of levy in practice ; The contradiction between farmland protection and land nervous of mining development increasingly prominent; There is no much effect on mining land reclamation, mine environmental damage gradually intensifies; The lack of the exit system after the reclamation of land, results in a large number of abandoned mining land in idle, deserted.Based on the analysis of the concept, classification of the mining land, the relationship between the right of using mining land and mine right as a logical starting point and summarizes the current mining land legal system design basis and content that the system including, concluded the necessity of the reforms for current legal system of mining land, the goal and the core content of reformation, and puts forward rebuilding the achievement system of mining land, constructing exit system of mining land, in order to improve our mining land legal system, promote the sustainable development of mining industry.This paper is divided into four chapters:The first chapter presents the general situation about the mining land. According to different ideas on the current situation of mining land, first of all, clear the concept of mining land, classification and analysis the relationship between the right of use mining land and mining right. Introduce the historical development of mining land legal system from pre-liberation continuously to reform and opening policy , to set about from the design basis of current legal system of mining land, to analysis the specific content of existing legal system of mining land .The second chapter on the basis of the foregoing content, evaluates the current legal system of mining land, points out the shortage of the current legal system of mining land system, including the conflict with the land expropriation system, departures from social reality and obstructs the realization of land reclamation target, then draws out the core content and the target of reforming the mining land law system . The third chapter reviews the relevant theoretical research of the mining land system, analyses the practice to the reform of mining land acquisition modes, summarizes theoretical and practical experiences, and puts forward setting up diversified acquisition modes of the mining land according to different classification of mining lands.The fourth chapter constructs exit system of mining land. Aiming at the legal blank of current exit mechanism of mining land, analyses the necessity of establishing the exit system of mining land, proposes the exit system of mining land including the mining land circulation in the secondary market and the return of mining land, and specifically analyses the situation of mining land transfer, the ways of circulation, the specific content of exit system of mining land, and finally points out the specific applicable procedure of the mining land exit.