On The Transfer Of Mining Rights Legal System

In China,the legal mining right contains mineral property rights, administrative license rights and mining operation rights, it is the unity of rights.The meaning of these three rights are different. The nature of the mining right contains usufructuary right,creditor’s rights chartered real right, quasi-real right etc,Each theory explain this problem just from a certain angle,so it can’t be determined accurately,so it is necessary to know and define the nature of mining right again. Divide the separation of the integration of the mining right into the mineral property right, the administrative licensing right and mining right. It will be good for the functions of the government, mineral property rights protection, and developing the mineral resources reasonably and effectively.Analyze the situation from the concept of the mining right circulation,condition and way.For there is a strong administrative interference problem,There are problems of administrative intervention, conflict on the inferior law and superior law,the relationship with the neighboring right and the legislative issues on transfer market mechanism.So adopt the legislative mode of "separation of three rights".To arrange the mining right system more scientifically,make every man unto his place,make each right play its own function.To modify and perfect the current law.Establish and perfect the supervision mechanism and weakening tee administrative intervention.To solve the conflict on the inferior law and superior law,in order to Establish and improve the market mechanism of mining right circulation. As soon as possible to formulate《The exchange of mining rights law》, to regulate the circulation market and ensure the mining right circulation safety,effectiveness and sustainability.