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Reflection And Improvement The System Of The Legal Nature Of Mineral Exploration Right

Posted on:2013-02-03Degree:MasterType:Thesis
Country:ChinaCandidate:W WeiFull Text:PDF
GTID:2216330371996265Subject:Economic Law
Abstract/Summary:PDF Full Text Request
The exploitation of the natural resources is closely connected with the development of the national economy. Nevertheless, the rights related to the exploitation of the natural resources hadn't been verified legally for a long period of time until September1st,2007when Real Right Law of the People's Republic of China came into force. In the Real Right Law of the People's Republic of China, the Natural Resources Utilizing Right, the Mining Prospecting Right and the Exploitation Right (the latter two are called the Mining Right), have been put under one of the chapters of the Usufructuray Right, which seemed to have put an end to the vexed discussion of the nature of the Mining Right from the legislative point of view. But with the revision of the Mineral Resources Law, the nature of the Mineral Prospecting Right has been readdressed, as it's not only the precondition and the foundation of the design and reconstruction of the Mineral Prospecting Right, but also the foundation of its legal system, the rational and orderly positioning of which will definitely have an essential influence upon China's effective establishment of the Mineral Prospecting Right Market. As a result, before the revision of the stipulations of the Mineral Resources Law, the scholars, from various aspects, have restarted the discussion about the nature and the legal system of the Mineral Prospecting Right.In this thesis, the nature of the Mineral Prospecting Right will be reflected and improved as follows:firstly, the analysis of the concept and the legal construction of China's current Mineral Prospecting Right, especially that of its object, because its legal construction, its object in particular, is the Archimedes of its legal nature; secondly, the analysis and summarization of China's current popular theories about its nature, such as the theory of the Real Right, the theory of the Concession, the theory of the Creditor's Rights, or the theory of the Intellectual Property Rights, all of which agree upon one point---Mineral Prospecting Right possess the nature of the property rights; thirdly, the analysis and comparison between the manifestations of the Information Property Rights and the Mineral Prospecting Right, which leads to the conclusion that the Mineral Prospecting Right should be one of the Information Property Rights, upon which some of its important legal systems, such as the Acquisitive System, the Transfer System and the Protection System will be improved.
Keywords/Search Tags:object of Mineral Prospecting Right, legal nature of Mineral ProspectingRight, Information Property Right, improvement
PDF Full Text Request
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