| The investigation, development, utilization and protection of the mineral resources have marched into the legal track since Mineral Resources Law ("Mineral Law") was drawn up in 1986. Mineral Law carries on the first revision in 1996, and the State Council promulgates three administrative codes in 1998, which are the prologue of mining right market legislation. Since the establishment of socialist market economy system, China's mining industry got a substantial development. But the present Mineral Law's many historical limitations are revealed increasingly. China is increasingly close with the fusion of world mineral industry market after joining the WTO. The domestic and foreign investors urge to innovate the legislation and the legal method to consummate effectively mineral resource legal system.The mineral resource legal system has many problems in the aspects of the legal framework, the execution of the law and the legal effect. The mineral resource legal system research is inter-discipline, so the study of mineral resource legal system needs to have the civil law views, economical law knowledge as well as the method of comparison. The author attempts to propose some suggestions as following for consummating the mineral resource legal system through the above methods and mainly uses other countries or areas' advanced experience as reference.First, we should determine the revision principle of the mineral resource legal system, including the principle of the marketization, the uniform management and etc. Next, we should construct the reasonable mineral resource legal system from two aspects of the theory and the practice including: (a)establishing the system of mining resource rights suitable for market circulation; (b) constructing the mining right system which should become the key point of the mineral resource legal system;(c) building the mining rights market; (d)improving mineral resource administration pattern and limiting administration authority; (e)constructing conflict... |
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