On Mining Right’s Funding

With the new"Law"of the amendment and"Property Law" promulgated and the State Council issued a number of related provisions,mining investment has had the practical feasibility.Reality of the mining right transfer forms of active exploration for mining investment provides a number of practical basis.Mining investment as a new mining right transfer form, is the mining rights of people to achieve their optimal choice.The mining right is the most important property for mining enterprises especially medium and small businesses. if mining investment is not allowed, the investment of the enterprise financing ability and development will be greatly restricted, so the mining investment is the optimal allocation of resources in the market economy. However, the establishment of mining right transfer system is shorter in our country, the existing laws on mining investment are not perfect, and in the practice the civil transfer of mining rights is not smooth, the evaluation mechanism of mining right is not perfect, which make the mining investment is difficult to conduct smoothly, and seriously influence the mining investment playing a positive role in specific operations. Therefore, research on the legal problems of mining investment has very important theory significance and the practical significance.In the process of China’s economic system from a planned economy to market economy, the transfer of mining rights has experienced prohibited from past to present the legal transfer of the evolution, the mining rights played a very important role in the rational allocation of mineral resources as one of the legal form of the transfer of mining rights. For the national, on the one hand, to prevent a huge loss of state assets and protect national economic interest;On the other hand, if funded by the national price of mining rights subject,it will solve ownership limitations of the countries in a market only through the collection of mining rights fees, the price of mining rights, mining rights registration fee and mineral resource tax. From the SME point of view stresses, not only to mobilize the enthusiasm of the shareholders’ investment, and to resolve investment in mining rights "realization, investment difficult" predicament, improve the financing capacity of the mining enterprises.In addition, the mining rights at their appraised value, to help change our country’s long-standing mining rights realization of circulation and illegal trading irregularities. With the establishment of China’s socialist market economic system, the system of mining rights at their appraised by the laws and regulations approved by a certain legal basis. For example, the Mineral Resources Law "revised" in1996formally proposed the concept of the transfer of mining rights, mining rights to sell the Interim Provisions for the transfer of management is also clear that the mining rights can be appraised. The contribution of the mining rights system early in the academic hot issues, academic funded system of mining rights have also carried out research and discussion, the formation of a certain theoretical basis:The autonomy of the civil law theory and the basic concept of mining rights as a civil and property rights, the embodiment of its free flow is the principle of autonomy; Second, the value of mining rights has certainty and transferability in line with shareholders’capital contribution eligibility characteristics of the subject matter, which in theory to meet the "Company Law" funded the requirements of the shareholders, but also with the Companies Act The basic idea is consistent. As the time established by China’s socialist market economic system is not very long,mineral rights flow of legal provisions and related systems are not perfect, led to one of the legal form as the transfer of mining rights, mining rights at their appraised value is also difficult in the practical operation.The law in the specific operation by identifying and assessing the value of the mining rights have emerged in a number of problems.Whether the free circulation of mining rights, mining rights at their appraised can be smoothly conducted, not only is the inevitable requirement of the market economy, but also the inherent requirements of the mining rights system reform. The many achievements of the Western countries that has long been a market economy system, invested in the mining rights are deserving of our draw,taken to limit the doctrine of national or to allow the doctrine of national mining rights-funded system requires to have merit. By thinking and learning practices of other countries can make our country less take many detours on the perfection of related systems.Funded mining rights in our country at this stage there are many problems, take appropriate measures to resolve and improve is an urgent need. Legislation should be funded mining right to a price of "Mineral Resources Law" clear and specific, supporting laws and regulations should be followed to establish smooth contribution in the legal order to protect the mining rights. Constantly improve the mining rights market trading system, the value of mining rights and evaluation mechanisms to ensure that the contribution of mining rights in practice the operation to proceed smoothly, and to improve the efficiency of transfer of mining rights. Only in this way,the target of government management and marketing to effectively combine and mining rights to funded system playing an active role will be achieved,in order to optimize the rational allocation of mineral resources.