Legal Study On Reform Of The Mining Right

The mining industry is one of the oldest industries of the whole society. According to ISIC, it is the most important sector of the national economy only after agriculture. Just as China’s mineral resources policy says, above 92% of primary energy,80% of industrial raw materials,70% of agricultural means of production comes from mineral recourse. Thus, it is our duty to take good use of mineral recourse and protect it. The mining rights of China not only reflects government’s management of the mining, but also embodies that it is the authorized right to mine mineral resources. It has the nature of both public and private, moreover, it is the right of both executive management and private property. This system of mining right, not conducive to the long-term and healthy development of the mining industry of China, is unfavorable to the scientific and orderly and utilization of mineral resources in our country. It incurs so many problems that in order to adapt to the development of the socialist market economy, it need to be reformed as soon as possible.This article, according to the method of "finding the problem, analyzing it, and solving it", uses three parts to discuss the problems of mining right, make legal analysis on the problems and come up with the ideas to solve the problem.The first part analysis three problems of mining right. Firstly, he legal attribute of mining right. Although legislators consider it as usufruct, it still triggers long-term controversy. Secondly, the reason why mineral recourse is not allowed to be freely transferred is that it combines with mining right, whose executive attribute make it impossible to be marketed. Thirdly, the country loses the right to gain civil income from mineral recourse. The income can be divided into executive income and civil income, however, the country actually lose the civil part according to existing mining right tax and fee system.The second part analysis the reason on why above problems exist. Firstly, the mining right is a complex right consisting of public right and private right, making its attribute can’t be clearly defined, thus can’t realize market liberalization. Secondly, the mineral recourse has a characteristic of non-renewable, if mechanically applies the system of compensated use of natural resources, it may speed up losses of mineral recourse. Thirdly, the insufficient understanding on income of mineral recourse of the country. The income should include both executive income and civil income. However, the civil income is always neglected. At last, the legislation on mineral recourse has problems, lagging behind the reality and status contradiction can’t be solved.The third part proposes that to reform mining right, we should build two system:mining right and mineral right. On the one hand, he country can gain civil income of mineral recourse by sell mineral right, thereby makes mineral recourse can be liberally transferred; On the other hand, the country can supervise mineral industry though mining right. The article discusses the foundation of coexist of these two rights and gives a specific design of the new system.