Improvement Of Mining Rights Transfer System Under The Framework Of The Property Law

Transfer of mining rights refers to the state as the owner of the mineral resources, the subject contracts with the other civil so that the latter obtain mining rights. The way of transfer of mining rights, including protocol, application, bidding, auction and listing in our country. The "Troperty Law" Promulgates, in 2007, a clear division of the Code:the mineral rights divide into the usufruct, given property attributes of the mining rights, it is convenient for the specific procedures for transfer of mining rights, marking the right to use mineral resources system has been accredited by the law, but on behalf of the owner of the mineral resources have not provided in the "Property Law", In practice, both of the local governments are the transferor of the mining rights and market regulators of the transfer of mining rights, Local government’s power is not clear, leading to conflict with Public law and private law in the application process. Qualifications of the transferee of the mining rights are not clear and the existence of discrimination, the way of transfer of mining rights is inappropriate, acquisition of mining rights is difficult, trading market of transfer of mining rights in chaos. In the framework of property law, determining the concept of the transfer of mining rights, by modifying or deleting the law, to solve the problem of the law conflict, establishing institutions of transfer of mining rights in the local government by Legal authority, which on behalf of the State to exercise ownership, defining the government’s functions in the system of transfer of mining rights, equal to all types of transferee, unifying qualifications of the assignee of mining rights, to improve the way and scope of transfer of mining rights, distinguishing administrative license and property proof of mining rights, acquirement of the mining rights put into effect, specifying assessment agencies, construction of trade information platform market of mining rights, regulating the transfer market of mining rights, property attribute of mining rights is fully bringing into play.