Research On The Legal System Of The Transfer Of Mining Rights In China

Mineral resources play a basic industry position in the development of a nationaleconomy, which is important for the development of a country. The reserves of mineralresources and the supply level is the key of prosperous country. With the development ofmarket economy, contradictions between the shortages of mineral resources have becomeincreasingly prominent, especially for a country with such mineral resources in China; it isvery necessary for standard Chinese mining activities and improve the legal system ofmining right in our country. Mining rights transfer system is an important link in the transferof mining right system, to perfect our country’s mining right transfer system has theimportant practical significance for promoting the development of mining industry.This paper mainly uses the comparison research method. The content mainly includesthe concept of mining rights, the legal attributes of mining rights, the transfer of mining rights,procedures for the transfer of mining right and to improve the mining rights transfer systemproblems.The system of mining right transfer in the thesis is divided into four parts.The first part introduces the mining right concept and the legal attribute, which obtainedthe mining right is one of usufructs. And then on this basis it leads to mining rights transfersystem, introduce the evolution of mining rights transfer system and the transfer of mineralrights principles.The second part mainly introduces the foreign mining rights transfer system in referenceto China’s relevant provisions. We refer to foreign rules according to the relevant provisionsof China’s mining rights transfer system problems and then sort out three aspects ofsignificance to the Chinese current system: first, adhere to the use of the market mechanism,and improve the paid transfer of mining rights; second, the separation between the miningright and the administrative franchise; third, clear specification of mining right and landrights.The third part mainly introduces the current law of our country transfer of mining rightprocedures and analysis of the transfer of mining right system problems. This paper sort outfive parts to analyze the problem of mining rights transfer, such as the subject of miningrights inequality, the nature of mining right transfer contract dispute, mining right marketmechanism is not perfect and so on.The fourth part is to put forward the corresponding improvement scheme according to the problem of mining right transfer in our country. The first is the subject of mining rightsequality; the second is a qualitative analysis of the mining right contract; the third is toimprove the system of paid transfer of mining rights; the fourth is to perfect the transfer ofmining rights market; the fifth is the reform of administrative license and mining rightstogether transferring.