Research On The Legal Issues Of Mining Land In China

Mining industry is the pillar industry in the economic and social development. Mining industry can not develop without the use of mining land. Consequently, mining sites legal system act as the legal basic which play an important role in the use of mining land. At present, china’s mining land system has many shortcomings, it existing many problems in the course of "access to exit". This article conducting the study around "acquire of mining land," "mining land acquisition," "connecting between mining land use rights and mining rights," "land exit mechanism". By the actual situation in our country and learning the legislative of foreign law,we should be negotiation to acquire the mining land, make the special chapter for the mining land system in the legislation, establish dispute handing system, establish the exit part in the form of public-private partnership.In order to provide valuable suggestions to china’s mining land system and promoting mining industry development.This article is divided into six parts:The first part is introduction, introduces the concept, characteristics and the significance of the study of the mining land system. Defined the scope of mining areas,pointed out that mining land is unique,complex, diversity, bundled,this part provided theoretical basis for the later research. Pointed out that mining land has become the major factor which bag an important part in the mining industry development.Consequently, the study of mining land system has great signification.The second part is the acquire of mining land,introduces the current situation,problem and perfect suggestion of the acquire of mining land. Pointed out the defect of the acquire system,construct an reasonable mining land acquire model to settle the dispute through friendly negotiation.The third part is mining land acquisition,introduces the current situation,problem and perfect suggestion of the mining land acquisition. Pointed out the defect of mining land acquisition and provide valuable suggestions:reform current mining land acquisition model,make the special chapter for the mining land system in the legislation, establish dispute handing system,so that regulations will be coordination between laws.The forth part is connecting between mining land use rights and mining rights, introduces the current situation,problem and perfect suggestion of the connecting between two rights.Pointed out the defect of the connecting between two rights and provide valuable suggestions:establish value measurement system to perfect the connection,and let it more effective.The fifth part is land exit mechanism,introduces the current situation,problem and perfect suggestion of land exit mechanism. Pointed out the defect of land exit mechanism and provide valuable suggestions:establish the exit part in the form of public-private partnership,complete the mining land exit mechanism, promote the efficient use of land.The sixth part is the conclusion, the main content is summary and exception. Make a summary of the research method and conclusion and make an exception to the further research.