On The Legal Regulation Of The Right Of Prospecting

Mineral resources is an important fundamental raw materials, which has a huge impact on the national economy and social life. The ownership and circulation of the mining exploration right is also a sustainable development problem which is crucial to national mineral resources. From an economic point of view, the transfer of mining exploration rights is the real market behavior of mining right transfer. Under the law of market economy, in order to maintain the fair trade and equal transfer of mining exploration right and to add mineral resource assets in the transfer, it must be achieved through legal regulation.This paper starts from the analysis of the nature of mining exploration right, it makes the conclusion that mining exploration right is a special usufruct by some academic theory comparisons. Based on the legal nature of this mining exploration right, only to change the mining exploration right into living assets of the market for freely transferable assets, can meet the objective requirements of market economy conditions for the sound development of mining. But the legal regulation of China’s current mining exploration right still exists some problems, such as "executive power leading", "restricted circulation", "invisible transfer", which hindered the effective transfer of mining exploration rights to some extent. How to make the national owners and business investors have benefit is the key to solving these problems. The author starts from the legislative and practical perspective, making comparative analysis of foreign legal regulation and measures on the mining exploration right transfer, exploring the experience that can be learnt. It is summed up that the complete of mining exploration rights legal regulation can be achieved by strengthening relevant legislations of mining exploration rights transfer, and through appropriate administrative intervention and innovation management system, improve accountability mechanisms and other legal measures; only by this way, can make the optimal allocation of mining resources to the most needed and reasonable inks of the national economic development to avoid the waste of resources, to protect the environment, and give full economy security effect to the role of mineral resources circulation, to make further promotion for the healthy development of China’s mining right market.