Study On Legal Problems Of Financing Of The Mining Right

Instantly, financing of mining right is the most important problem in the area of mining right as well as a hot issue in the current market. Mining financing legal issue is vital because of the important market role of mining industry itself nowadays and the more and more serious fund demand. And they should focus on mining right to solve this problem depending on our country’s fact that it is the core of China’s mineral resources legal system. Also, from the perspective of value and use value, they should recognize that mining right is a kind of property right. As the core of the present mining enterprises’ effective property, they need attracting fund through mining right according to the efficiency of resource utilization to maximize, and to the inevitable choice of solving the problem of externality in mineral resources market on the basis of Coase Theorem.However, seeing as one thing with practical necessity in the meaning of economics, financing of mining right is faced with obstacles in practice actually. Although having been tried to take both the modes of equity financing and debt to attract fund, financing of mining right is difficult. The causes can be seen from both actuality and law. Referring to actuality they say that mineral system is special, which gives rise to derived differences about the theory whether mining right is property. Legal factors include separate structure of mining system of mineral resources and mining right, and the internal legal system of mineral resources law is imperfect. In addition, mineral resources law, property law, and security law are different on the idea whether mining right should be property. These above may lead to uncertainty of the follow-up application of laws, and potential investors are difficult to estimate legal risk of mining right financing behavior. It is the most they should focus on.In spite of the question on necessity, then, they analyze the feasibility and how to perfect the referred systems. In the third part they focus on some more outstanding legal issues on mining right financing in practice, and then according to them, in the following they discuss three important mineral resources legal systems such as systems of the mineral resources ownership, the permit of mining right and the mining right transferring. Firstly, system of the mineral resources ownership ensure clarity of property rights, and it provides a premise to solve the problem of externality in mineral resources market according to Coase Theorem. Secondly, permit of mining right system, which carries out the rights and responsibilities through giving the determined property to people in the fully competing market, offers us another premise to do in accordance with the requirements of the Coase Theorem. Thirdly, researching the mining right transferring system, they want to help creditors realize the mortgage right. This is quite an important guarantee to reassure investors. At the same time, some problems about damaging the effectiveness for mining right financing in each of the systems above and their ways of being perfected are discussed as stress.At last, holding a horizon on the whole legal system of mining right financing, about the legislation in the future, it is necessary to construct an outlook on some vital questions. For example: how to deal with the different provisions on mining right’s property attribute in mineral resources law, property law and security law, how to unified or compromise about them, and how to utilize current laws like financing law and contract law or others to reduce the mining right financing difficulties.