Study On The Economic Law Protection Of The Rare-earth Industry In China

Currently, China supplies over90%of the global market rare-earth needsmarket with23%of theworld’s total reserves. Meanwhile,China’s rare-earth metals industry also faces many problems, suchas excessive exploitation of rare-earth resources, severe damage to the ecological environment, severedivergence between price and value, grave smuggling situation, irrational industrial structure and etc.At present，for its characteristics and problems, our government takes industrial policy as the mainbasis for management of rare-earth industry, which has its drawbacks as lower legal force, beinglacking in unity and authority.On the basis of minerals natural attributes, we should modify the bias that Mining Rights belong toUsufructuary rights, and see it as a right of Economic Law, which can help us establish rightprinciples and methods for the legal regulation of our rare-earth metals industry.We can promotingthe legalization of the rare-earth industry policy, during the process, conflictions between central andlocal interests,tilt policy and legal rare-earth Mining Right can be solved, then we transit to regulatingthe rare-earth industry mainly by Industry Law.Based on the Economic Law property of Mining Rights and Industrial Law, it is proper to applyEconomic Law to the systematic legal protection of China’s rare-earth metals industry. At first, wecan modify and improve the Transfer of Mining Rights system and Mining Tax-fee system of ourcountry’s Mineral Resource Law, which includes designing feasible ratio of Mineral ResourcesCompensation Fees and Resource Tax, so as to enhance the conscientiousness and effectiveness of themanagement on China’s rare-earth metals industry. Secondly, Establish the thoughts that legalize therare-earth industry policy. And under its direction, for forming Self-pricing Right mechanism andupgrading for the rare-earth industrial structure,we need set special rare-earth metals industry plan,raise the standards of rare-earth industry admittance, regulate the rare-earth market competition order,set appropriate ratio of rare-earth tax-fee, adopt the system for rare-earth storage, introduceEnvironmental Taxes, and etc.