The Study Of Mining Right System In The Perspective Of Property Law

Mining right is a very important property of natural resources, which is not a single right, but acomplex bundle of rights. Introduced the "Property Law" in2007, the usufruct property of mining righthave been established, and on which have brought a very profound impact mineral resourcesmanagement concepts, mining right management systems and methods. On one hand，that reflected arecognition of management system reform of paid use of mineral resources, on the other hand, thathas developed further shocks to the current mineral resources legal system lagged.Existing mining rights related laws and regulations，such as ""Mineral Resources Law"、"Provisional Regulations on Administration of the Transfer of mining rights transfer"、"Prospecting andmining rights transfer management approach", are the introduction of different departments to safeguardthe interests of the sector product, In addition, the time lagged and functional limitations, lead toconflicts with the legislative purpose and principles of "Property Law"In this particular context, this paper makes a main line in how to coordinate mining rightmanagement systems between "Property Law" and the "Mineral Resources Law","mining right tradingrules (Trial)" and other laws and regulations, and starts from the concept and legal characteristics ofmining right, compares with and analysis on the relationship between mining right and Ownership ofmineral resources, land use rights, the right to use the waters and fishing rights, to learn from somecountries`experience which is relatively well developed on mining right market, so as to providesuggestions under the "Property Law" vision how to modify the "Mineral Resources Law" and otherrelevant laws and regulations: establishing ecological safety principles, ensure the smoothimplementation of the mining rights; Weakening administrative mineral right, and strengtheningproperty right, innovation of mining tax regime;improve the management system of mining rightrelated and effectively guard the legitimate interests of mining right market players: Improving theownership system of mineral resources, deepening paid use of mineral resources system, regulatingmining right transfer market, linking mining rights registered up the Property Registration, regulatingthe relationship between mining right and land property; Establish mechanisms for differentiatedpriority mining rights and the transfer mechanism about Mining rights and mining land use rightmatched and so on.