Study Of Mining Rights Legal System In China

With the development of market economy in china, it is essential that the mineral resources should be use by regulating and adjusting of the law in a reasonable way. In fact, the researches about mineral rights are comparatively weak, especially in law. Seen from a sociology angle we disclose the problem about mineral rights, then the author will give a constructive suggestion and try employing this angle analyses problems. The aim is to use true examples in practice to reflect the defects in law system.The innovation about the paper is based on some effective idea. The writer used economic analysis and social investigate method. Also, the paper put mining right and compensation transfer into reality. The writer absorbed economics, sociology , psychology and other disciplines provided the thesis a new perspective. The paper also use general analysis method disclose the question ,especially in law .On the other hand, it is major that we should take some measures from other foreign countries to revolute some question in reality.The thesis first understands the concept of mineral rights and the relation with mineral resource proprietary right, enterprise right. The author pay attention to analyze conflicts among mineral rights and land right ,which should be settled by some theories, such as year rent theory,land as a share in enterprise, the use of land for a short time and so on. The author will propose some methods from big macroscopic view angle to resolve every problem. The enterprise should undertake social responsibility, including employing local people, protecting environment, providing insurance measures and so on.The second part is mainly discuss a topic of mining right transaction circulates in first class markets which transaction is original transaction. The thesis reviewed the evolution of the mineral rights transfer system from non-compensated one, and disclosed the lack of Mineral Resources Law. In addition, some fact-findings illustrate the disadvantages distraction from the compensated transfer system.The third part indicate subject of mining right transaction circulates in second class markets which transaction is the second transaction .Firstly, the thesis represent the creation of the mineral transfer system ; the legal condition and legal forms taken by mineral transfer system. What is more, the author discloses a reality that disregards the law and takes independent action to transfer mining rights believed to be wrong. At the end of the thesis proposed some effective measures. For example, mineral rights evaluation mechanism and mineral rights approve system.The author conduct an investigation into the coal-miners, the paper is based on field investigation. Exactly the author has experience of these facts deeply, so the subject is full of interest to me. The author want toprovide some original suggestions to deal with this problem .But I have only limited knowledge of this topic, I am going to absorb in further thought and study.