Research On The Mining Right Transfer Legal Issues

Mineral resources is the vital material goods of human existence and developmentand social economy progress, and the mineral properties is a kind of right which isformed by developing and utilizing the mineral resources. China has the great powerwith the rich mineral resources storage, but we start late in the capital market of mineralproperties,and there is immature factors and some law issues in the transaction of itbecause we are in the planned economic system for a long period.Firstly,the thesis analyzes the concept and the nature of the mineral properties, andthen according to it introduces the related theories of the exchange. The mineralproperties is divided into exploration right and mining right which have the differentdevelopment. About the law nature of mineral properties, China is regarded it as beincluded in the profit real right in the property law. In China the nature of mineralproperties are mainly as following: creditor’s right,usufructuary right,especially realright and chartered real right. The thesis points that the mineral properties belong to theusufructuary right, at the same time have the nature of especially real right.The core partof my thesis is about the exchange of the mining properties, the mineral resources lawconfirms that the basic law system of mineral properties exchange:to obtain with paying,to transfer in legal. Recently, there are the one-level market sell and the second-marketassignment in the exchange of our mineral properties. By exampling the cases ofmineral properties exchange, it points that some problems such as the problems of landusage right in the process of the exchanging of mineral properties, the problems ofcontract assignment in the process of assignment of mineral properties, and theproblems of administrative directives, also,the thesis gives some suggestions to improvethe law about it.