Mining Rights Law And The Legislative Positioning Research

The mining industry right is a very important civil right that has a huge influence on the whole country, but the attention paid by the jurist is just disproportionate with its importance. The protection to the entitled person is not so good that there is an urgent need to clear its legal nature. Now our country steps on the juice of the legislation of the real right law, and mend to the "Mineral Resources Law" has also been put on the agenda. The author wishes to give a relatively accurate answer to the question that why the mining industry right is a real right, and what kind of real right it is.The thesis consists of three parts: the preamble, the body and the conclusion.In the preamble, the author focuses on the meaning of the mining industry right to the entire socio-economic life and the value of the nature study, and also the study method that will be used.Body parts are divided into five chapters. Chapter One is the interpretation of the concept of mining industry right. It is conceived by two parts: prospecting right and mining right. The author gives an introduction to the subject, the object and the content of the mining industry right, and analyzes the advantage and disadvantage of the system of "binding the prospecting and mining right together". We should separate them and adopt the principle of "gotten the mining right consequently if there's no other reason". This exposition is the foundation primarily for subsequent analysis of the nature of mining industry right.The aim of Chapter Two is to define the private nature of the mining industry right. Firstly the author introduces the changes of the nature of the mining industry right in China history. It changed form royal institution to private right, and then to public power, but now, a conclusion is conducted that the mining industry right is a private right, by the theory of distinguishing between public power and private right. At the same time, the effects of public power in the mining industry right are analyzed, and there is the conclusion that the mining industry right is private of a socialized.The third chapter is the main part of this paper, which analyzes the real nature of...