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The Research About The Problems In Mining Right Transfer Of Our Country

Posted on:2016-04-11Degree:MasterType:Thesis
Country:ChinaCandidate:L S AFull Text:PDF
GTID:2296330461980948Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Mineral resources is the material foundation to the survival of human society and the lifeblood of the national economy. With China’s reform and opening up and the development of market economy, the mining market is also beginning to form and develop.Mining right transfer in the mining market is becoming more and more. The attitude to mining right transfer of our law was negative at first,then our law allowed transferring mining right in some conditions and now the law loosens mining right transfer further. While gradually modified and perfected,the law is still lagging compared with practice.So the law is blocking the development of the mining market and the economy.The study of the problems in the existing legal system and reform plan is very meaningful for the theory and the judicial practice.This article mainly covered the connotation and historical evolution of mining right transfer, the government relocation in mining right transfer, the general rule of mining right transfer and the validity of mining right transfer. The first part of the content studied of mining right transfer and historical development and mainly analyzed the connotation of mining right transfer and described its historical development. In this part I revealed mining right transfer is essentially market trading behavior and told the differences between mining right transfer and equity transfer of mining companies.I think they are different concepts and we should come to the conclusion according specific situations.The second part analyzed the government’s relocation in mining right transfer.Now the theoretical study mainly includes the government’s control and the government’s service function in the market.I think the government should not implement control by prohibiting profit and administrative examination and approval.The government is absence of market information disclosure,construction of intermediary organizations, improvement of evaluation mechanism and so on.So the government need improve these problems. The third part stated the general rules of mining right transfer. About the conditions of the mining right transfer and application requirements, many scholars think the conditions of mining right transfer are strict and the procedure is tedious. I agreed with this view and analyzed the reasons.Now the study about assignee qualification is less.And relevant regulations are also lack.I analyzed the problems and put forward the solutions. The fourth part discussed the validity of mining right transfer. The validity of mining right transfer contract and the validity of mining right transfer registration are also differences of theory and judicial practice. About the validity of mining right transfer contract,I think we should not come to a conclusion without exception and we should analysis the effectiveness of the contracts combined with specific cases. In addition, for the nature of mining right transfer registration,some scholars think it is the administrative registration,but the others believe it is the real right registration.I agreed the latter and analyzed the reasons in the article.
Keywords/Search Tags:Mining right transfer, The government positioning, The general rule, Transfer effect
PDF Full Text Request
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