A Research On The Reform Of Mining Right Transfer Mode

Mineral rights are the general name for mineral exploration rights and mining rights. According to the laws and regulations of our country, for example, Mineral Resources Law, mineral exploration rights or mining rights must be obtained through applying for registration according to law before mineral exploration and mining. Since the 80 s of the last century, the exploitation of the mineral resources in China broke the traditional developing mode of planned economy, and gradually attracted and encouraged individual and private economy taking part in the field of prospecting and mining of the mineral resources. In order to adapt to the needs of the reform of economic system, the system of mineral rights transfer by classification has been established and implemented step by step, which is symbolized by “bids invitation, auction and listing” of mineral rights transfer. This paper mainly focuses on prominent problems in the establishment and implementation of the system of mineral rights transfer by classification, and presents some advices and suggestions. The research mainly concerns following aspects:First of all, the development of the system of mineral rights transfer by classification is reviewed, mainly including the generation of the mineral rights transfer, the establishment of the system wherein the exploration right and mining right obtained with compensation, the establishment and improvement of the system of mineral rights transfer by classification. After many years of reform and exploration, the system of mineral rights transfer by classification, which is based on exploration risk classification as the general rule, has been formed in China.Secondly, the status quo, the implement achievements as well as the existing problems of the system of mineral rights transfer by classification are summarized and analyzed. The basic strategy in designing the system of mineral rights transfer by classification is following the line as follows. In the light of essentials like risk levels of exploration, degrees of geological work, degrees of resources importance, restrictions in resources development conditions and technical difficulties, constructing the transfer system according to the principle of “encouraging the high risk exploring, letting market competition decide the low risk exploration and making agreements and biding invitations on most special cases”. Transferring from free to with compensations and from planned allocation to market allocation, the transfer of mineral rights transfer regulates activities in the transfer process, which is in line with the reform of market economic system and have achieve positive results. The prominent problems include the disunities in both the recognition and the operation, the system lacking of standardization, the local intervention and the weak legal basis.Thirdly, a questionnaire survey was carried out on the transfer of mineral rights by classification, which further confirmed the results of this research. A comparative study on transfer mode of foreign mineral rights was done, which put forward reference suggestion from the aspects such as the options of transfer modes, the national conditions and the standardization of the transfer on agreements. This survey summarized the local practices in the reform of transfer mode of mineral rights, and analyzed the rationality of the reform not being limited to the rules “the highest bidder”.At last, reform thoughts on the transfer of mineral rights by classification are proposed, namely insisting on market-oriented development as the main road, improving the system of transfer of mineral rights by classification are proposed, namely insisting on market-oriented development as the main road, improving the system of at the same time. In this part, control factors affecting the selection and implementation of the transfer modes of mineral rights are analyzed, which focuses on rules of prior application, transfer on agreements and bids invitation on special cases. Reform and improvement plan are presented from multi dimensions such as the improvements of the system as well as related supporting system.