The Study Of Legal System About Income Distribution Of Mineral Resources In China

The income distribution of mineral resources concerns the realization of national rights,the status of people and improvement of people's living standards.The research of this problem is of the utmost importance no matter the economic society and national strategy.The main problem of income distribution of mineral resources of our country is that the nation which act as the owner of mineral resources,fails to realize the civil usufruct.However,the expenses of taxation of government,which is the manager of mineral resources,replace the civil usufruct of nation.The solution is that we should reform the primary market and secondary market and realize the separation of mining right and the right of ownership and improve the institution of law of income distribution of mineral resources on the basis of ensuring the usufruct of nation.The paper follows the consideration which start with finding problem,and then analyze problem and solute the problem,adopting the ways of point to area.The paper hope to find the national level problem of income distribution of mineral resources by researching the Shanxi's existing condition and problem of income distribution of mineral resources.On the basis of theoretical analysis and practice summary,the paper will come up with some instructive ideas about the reformation of income distribution of mineral resources,linking the America's experience of income distribution of mineral resources,which look forward to proposing some referential suggestions for the system of law about the income distribution of mineral resources.The first part of paper takes the Shanxi for example.This part introduces the existing condition of system and point out the problem of system about the income distribution of mineral resources of our country.Firstly,the civil usufruct of nation is replaced by the expenses of taxation of manager.Secondly,the national income distribution is not equal and the social polarization is serious.Because the legal attribute of mining right is not clear,the national civil usufruct fails to realize.However,the lack of national civil usufruct is just the reason that the people who own the mining right get the huge profit.Finally,the function of market is performing far under capacity in deploying the mineral resources.For example,the law of minerals set that mining industry gives priority to the national enterprise and the exploration right and the mining right are non-negotiable in principle.The second part of the paper does the legal principle analysis to the three problem of first part.Firstly,the reason of lacking the national civil usufruct is that the national ownership of mineral resources and the manager of mineral resources are promiscuous.The nation remises the mineral resources with compensation,which act as the owner of mineral resources.The nation should collect the premium and so on,which belong to the owner income.However,the movement,which act as the manager,take on the management function,which should collect the cost of operation and resource tax and so on.The writer elaborates the suggestion in detail,taking the Shanxi for the example.Secondly,the reason of unequal national income distribution and social polarization is that the particularity of mineral resources is neglected,adopting the protection mode which same to the land resource.Those cause the wrong location of mineral resources,then the national civil usufruct is losing and a few individuals get a great profit.Finally,the function of market is performing far under capacity in deploying the mineral resources.The macroeconomic control law is more than the market-regulated law.However,the market should play the decisive role in the resource allocation and the government should play the role selectively.The two factors serve the mining industry together.The third part comes up with some suggestion for the reformation of mineral resources.Firstly,we should ensure the civil usufruct of owner and explore the rational loyalty system and improve the appraisal system of mining right.Secondly,we should clear the legal nature of mineral resources,which is obtained with compensation.The mining right include the two-sided rights.The nation should collect the two-sided expense when the nation gives right to the mining right to some people.Finally,by reforming the primary market of mineral resources,we should implement the usufruct of owner and rebuild the secondary market of mineral resources,achieving the rational distribution of mineral resources.