Research On The Legal System Of The Transfer Of Mining Rights

Mineral resources is the important tool of human survival and development, also is the national economy important pillar. Mining right has important value in the legal system, therefore, all countries for its category of real right. Because the mineral resources in China is also the product of planned economy, the significance for the implementation of the corresponding property rights, and have great controversy in legislation and academic level. Mining is set up and run mining right transfer market as the foundation. Properties of the mining right itself is the academe many jurists qualitative arguments to its, two views can be divided into public law and private law. After compared to usufructuary right, usufructuary right and set up corresponding system and the current exploration license or mining license is decomposed into mining enterprise qualification, qualification of exploration and mining and property rights. With administrative and civil rights so as to realize the market operation system, both as far as possible to protect the legitimate rights and interests of mining right person, and realize national ownership of mineral resources for the rights and interests of people, eventually establish a scientific and reasonable mining right market.Full text altogether three chapters, the first chapter is for mining right transfer system for mining right transfer system, the basic evaluation of the second chapter is the legislation of our country draw lessons from foreign mining right transfer system, the third chapter is the mining right transfer system legislative Suggestions. Specific content is as follows:The first chapter is the basic transformation system in mining right transfer system, from the legislation present situation, the basic characteristics of mining right transfer system, the problems existed in the land of mining right, people the owners and managers, the transferee subject inequality for paid use of mineral resources property is not clear distribution imbalance, unknown nature of mining right registration system, the effect is not clear.The second chapter is reference of foreign mining rights transfer system, the experience from advanced countries to learn from the first to isolate mining right transfer activity and administrative management, the second part is to establish a system of paid use of mineral resources, the perfect leasing related content Settings. The third chapter is the advice of perfecting our country’s mining right transfer system. Mainly from three parts, first in terms of the land, civil main body established by the people and the assignee equal competition:the system of paid use of mineral resources use royalties, transfer, rent as a way to earn profits:the third system of mining right transfer registration clear registration nature and effectiveness.