Research On The Creation Of Mining Right

With the rapid development of our economy and the growing capacity of the utilizationof mineral resources. Some minerals will run out within a few decades, and some mineralswill becoming available from unavailable, but the fact that it is lack of mineral resources as awhole will not be changed. In order to solve the shortage of mineral resources, we should liftthe efficiency of the mineral resources allocation and prevent the waste of mineral resources.The scarcity of mineral resources requests mineral resources allocation should rely on aset of perfect mineral resources property rights. Although the study on administrativelicensing is maturing gradually in the field of administrative law, the specialized research onmining license is absent. The related theory of mining permits can’t offer a firm support formining permits and the creation of mining right. The current theory of the real right law andthe provisions of Real Right Law both define the ownership of mineral resources as a realright simply, but they haven’t offer a reasonable legal interpretation on the the differencebetween “nature resources” and the object of real right and on the transition from theownership of nature resources to the usufructuary right.Tthe abstract and uncertainty which isreflected from "natural resources" as the object of right and the characteristics of real rightbehavior of administrative licensing as the administrative power on the mineral right creationdecided the situation that the current mining right creation mechanism has deviated from thetraditional real right theory and the theory of administrative license. All kinds of chaos in thefield of the utilization of mineral resources originate in the dislocation of law about "miningrights" creation. The ordering and legislation of the utilization of mineral resources needsmore restudy and analysis on the “minera lright”,especially the “mining rights”,to seek for thereal mineral property right system which will be fit for the legal rules and the market rules.Therefore,this article will analyse from four parts to reconstruct the creation of miningright:Chapter Ⅰ summarizes and analyses some statement about the legal natures of mining right,and remakes the usufructuary right attributes of mining right. On that basis, this chaperstates the legal grounds of the creation of mining right ought to be private law, the creationought to be ruled by the market, and the creation should abide the rules of the change of realright.Chapter Ⅱ mainly catalogued the current legislation of the mining license legalsystem,and analyses the shortcomings of the system.Chaper Ⅲ will up to the theoretical level. Firstly,this chapter will conclude theformation and the practice of “mining license rights” theory, commends this it and rethinkthe natures and functions of the mining permit; Secondly, this chapter will conclude the theoryof“the creation of mining right deadministrativization”,and discusses its theoretical basis andthe legislative designs.Chaper Ⅴ, on the basis of the theory of “the creation of mining rightdeadministrativization”, resigns the creation of mining right form the creating standards,creating mode, he lease contract and the registration of mining right.