Mining Right Transfer Problems And Countermeasures Of Existing Laws

Coal resources development in relation to a country's energy security and international strategic position, based on our coal resources development process, the efficiency is low frequent middlings difficult and development, lead objective reality, coal enterprise m&a is imperative. But in shanxi coal enterprise restructuring, merger, there were some problems worth cause enough attention. On 27 October 2009, homeland department, workers believe department etc 12 department, committee jointly issued the further exploitation of mineral resources integration, notice made clear that iron, coal 15 kinds of mineral resources will further promote development integration activities. This article through to shanxi coal resource integration of this great event, reveals the analysis of coal resources during m&a field most in need of attention, and seek solutions to future mineral resource integration is progressing smoothly.First of all, the paper on the legal attribute of mining is discussed. Mining right as a legal rights have already, but the legal attribute of the mining right, there have been controversies and definition of the legal attribute of mining is the premise and foundation of discussed in this paper. This paper puts it belongs to the category of usufructuary rights. Because of the mining right has particularity, is the relationship between the object to the national energy security and public interests of mineral resources, have irrefragable, scarcity, strategic, accordingly its establishment, change and consumed by public power more ground of management and constraints, but the particularity of the mining right object and cannot deny mining right belongs to the legal attribute of usufructuary rights.Secondly, in shanxi coal mining enterprises in m&a are the main mining right transfer lists and legal issues to discriminate, and analyzes the causes of appear afore-mentioned problems. This article think shanxi coal mining enterprises in m&a are the main legal problems embodies in four aspects, namely, state intervention contract goes against the principles of the freedom, the legal procedures, transfer of mining right against the provisions of the antimonopoly law about the monopolies and conflicted about the protection of private property law rules. This paper respectively the four legal issues associated with a corresponding legal theory discussed in detail, and the legal problems that appear afore-mentioned reasons were administrative organs abuse administrative power, mining right transfer program related legal lack of feasibility, the monopolies lack concrete control measures and the lawful rights and interests of the mining right holders lack legal remedy way.Finally, introduced in shanxi coal mine enterprise m&a mining right transfer legal problems existing solutions. Out of consideration of energy and economic security, China is seeking a healthy and orderly development of coal resources, the path of sustainable development. But we must also admit that our coal mine enterprises to merge reorganization is explored in the second part, the first done, existing legal problems, and proposes the corresponding solution countermeasures, respectively is perfect legal system, and perfecting the transfer of mining of mineral resources asset-like management, construction fair competition system environment, standard of local government administrative power and protect the lawful rights and interests of the mining right holders constructive Suggestions in five aspects.