Study On Tort System About Mineral Resources’ Property Rights

In recent years, mining dispute has become the important factor which affects mining industry’s order. The real right infringement of mineral resources occurs frequently. Because of the development of economy and people’s profite tendency, coupled with the loopholes and nocomprehensintion of the laws, vulgar mining,"destruction type" mining and illegal mining are difficult to stop. Unlicensed mining, the cross-layer and cross-border mining, abuse mining are in a more and more serious situation. The theft and rob, smuggling and illegal criminal activities on mineral resources become more and more frequently, which destroy the mineral resources, invade the rights of property and cause serious waste of resources.Mineral resources’property of state ownership tied itself closely with the politics, so that its prospecting and use should be legal and obey the official rules on it. Along with the determination that mineral properties are within the real right for usufruct which makes the mineral properties be on the private side than the public. But our country’s corresponding legal is not perfect, specifically speaking, it’s provisions are more about ownership implicit disputes than encroachment disputes on mineral resources. It’s just because of the limited laws that the problems on normal infringement disputes of mineral resources ongoing appeared can’t be solved. It also lead to that some infringement disputes of mineral resources which drag for a long time have no rule to follow. And the study on tort system about mineral resources’property rights is also not complete and deepgoing in academia.This paper is aimed at further studying on the infringement of mineral resources’property rights, and to find out its breach and key point in order to develop and perfect the tort system about mineral resources’property rights. This paper is divided into four sections.In the first part, the basic theory of mineral resources’property rights has been analysed. Nowadays the mining right has been regarded as the private property right in the property law,which to guard the exercise of the mineral resources’property right and the fair competition between mining right holders. After the mineral resources’definition, classification, properties and the effect of the property law to mineral resources has been introduced, the paper also analysed its specific protection scope and the specific property right it included, made further study on the mineral resources’state ownership, usufructuary right (mining right and security interest) and the mortgage, compared these rights with general ownership, usufruct and mortgage to find its uniquesIn the second part, the system theory of the real right infringement in mineral resources were discussed. The infringement of property rights system of mineral resources need to establish and improve eagerly, since the benefit of the owner of mineral resources need to be protected and the property rights infringement dispute in mineral resources never stopped. In this thesis, the real right infringement disputes in mineral resources were defined. The definition, elements and the specific performance in reality of the real right infringement in mineral resources were summarized, and then, the difference between the real right infringement in mineral resources and other ordinary real right infringement were analyses. Then, the civil liability and administrative responsibility and criminal liability of infringement dispute in mineral resources were analyses, meanwhile, we studied the system of the real right infringement in mineral resources in other countries, from which, We found something which are beneficial to explore the system of the real right infringement in mineral resources in our country.In the third part, the specific types of property rights infringement dispute of the mineral resources were studied in depth. We summarized three types of infringement:the infringement disputes of the ownership of mineral resources state, the mining right infringement disputes and mining right mortgage right infringement. And also the author analyses the specific tort phenomena existing in reality, such as unlicensed mining, cross-border mining, who departed mineral rights, destructive mining and so on, from which, the current situation and problems of infringement status in mineral resources were found, those provided some gists for solving the problem in next step.In the fourth part, the origin of the real right infringement in mineral resources and solution of it were discussed. First, we analyses the origin of the real right infringement in mineral resources, then three solutions consist self settlement, administrative settlement and judicial settlement were found according to the relevant laws of our country. We also raised some legal suggestions from the protection and lack of laws in the real right infringement in mineral resources, in order to found a solution for it, promote economic developing orderly and stable, and ensure the development of the mining market in a good state.