Transfer System Of Exploration Legal Issues

Transfer refers to the two exploration (transfer) market, through the sale, appraised, cooperation, transfer by way of lease and mortgage of exploration behavior, from exploration property point of view, should be the nature of quasi-usufructuary, but has a " public law " feature, therefore, for exploration on the transfer of legal regulation should take full account of its uniqueness.By China’s planned economy and the impact of a late start mining market, mining legislation has been dominated by the public, in particular to protect the civil rights of the lack of respect, even in the period of time as a civil rights still denied to mining legislation, mining and exploration as subordinate concept, by the geological Survey of state influence, it is even more stringent restrictions. These limitations with the current transfer market exploration to establish the existence of serious conflicts and contradictions facing this problem, the author discusses in detail from three parts realistic problems, and these problems put forward their own proposals. This paper focuses on the first part of the existing transfer system exploration legislative situation and existing problems, the reality of the excessive powers of the administration, civil protection is imperfect, there is an indirect way of transfer a large number of issues to be analyzed in three areas; second part is for the first part of the question from the legal, administrative management, effective on three aspects to be analyzed separately; finally come to improve our exploration by analyzing the transfer of specific measures.Specifically, this paper is to discuss the core cause of the problem that currently exists in too much executive power based on theoretical analysis of the current legislation is relatively backward, unclear legal nature exploration and civil legislation is imperfect, it is also the introduction of the current appearance false litigation, equity transfer, internal contracting and other indirect transfer method discussed in detail. Finally, the author from the establishment of reasonable administrative intervention and innovative way of transfer and other four large measure. I hope that through the study of the mineral for future legislation can be helpful, but also want to provide a theoretical reference to the practice of prospecting for sale.