Study On The Exchange Mode Legal System Of Mining Property Right

The Property Law had been promulgated in 2007, it clearly included mineral exploration right and mining right as civil property rights in property rights of category. In a certain extent, it made the circulation order of mining rights active and orderly. However in 2009, shanxi province first implemented the integration movement of mineral resources, and attracted the attention from all of the society again. But at this time, it was greatly compressed the mining rights market. And now, for perfecting the mining rights market, improving the mining industry efficiency, reducing the waste of resources and maintenance of the mineral safety and sustainable development, the two ways which are so different are being shown to society. Then, which way will the mining rights exactly go? Confronted with this problem, at first, this paper will base on the economical principle and the reality of the development in our country mining industry, and advance the viewpoint that the mining rights market will need to improve the transfer of mineral rights for the further marketizational reform, and then, it will base on the value foundation of the mining rights and make the foreign development experience of the mining rights as reference, in order to have a further step in the analysis and reason about our current legal system of mining rights circulation. through the current domestic academic research fruits, we can learn that, the theories about mining rights legal system have formed abundant research achievements, and make a solid legal basis for the research about mining rights circulation legal system, at the same time, there are also some scholars starting to study the legal system of mining rights circulation, and it is inspiring very much. Therefore, the paper hopes to base on the others'research results, and choose the mining rights transfer as the point, through analyzing the legal norm of mining rights transfer, combining the reality of the mining rights circulation in the case, and makes six forms of the mining right transfer such as remising, transfer, lease, mortgage, contract, inheriting as the object, to supplement and perfect the mining rights transfer legal system.