The Nature Of State Ownership Of Mineral Resources In China And Its Perfection

Make clear the nature of state ownership of mineral resources(SOMR)is a premise to improve the mineral resources legal system.The development of the theories of state ownership of national resources(SONR)provides a theoretical basis for the definition of SOMR.The main purpose of this thesis is to determine the nature of SOMR in China by analyzing the relevant theories that defined the nature of SONR.Besides,find problems in mineral resources system in China and put forward some relevant suggestions under the premise.I hope I can provide a new way of thinking to improve the current legal system of mineral resources in China.This thesis is divided into five chapters:Chapter 1 tells the necessity of studying the nature of SOMR.The recent happening of controversial cases with respect to national resources,such as the cases of "ebony" and"the dog gold" etc,aroused a wide discussion.This also aroused scholars' thinking and discussion of SONR.Therefore,SOMR should be taken seriously.On the one hand,it allows us to deal with the relationship between governments and citizens correctly in the utilization of mineral resources.On the other hand,it provides a new clear ideas and direction to improve Chinese mineral resources legal system.Chapter 2 mainly introduces different theories of the nature of SONR.There are two different opinions:system theory and public power or private right theory.According to this classification,system theory is divided into state ownership system,public property system and institutional guarantee.The other theory is divided into property right,public power and double-deck structure theory.By analyzing the theories,I think it is more convincing that the nature of SONR is a public power.Chapter 3 expounds why I think the nature of SOMR is a public power.In order to protect rational utilization of mineral resources and safeguard public interests,article 9 of Constitutional Law authorizes our country's legislative power,administrative power and supervisory power.Chapter 4 puts forward the problems existed in the current legislative and administrative legal system,under the premise that we have made clear:the nature of SOMR is a power.In the legislative aspect,the legislation of mineral resources legal system in our country has three problems,which includes the problems of legislations'abstraction and roughness,retardation and incomprehensiveness.In the administrative aspect,there are two main problems,which are the unreasonable distribution of power in the central and local governments and the failure of achievement of taxation's purpose respectively.Chapter 5 provides suggestions of solving the problems stated above.In the legislative aspect,I advise to perfect the legislations by improving their technology,updating their contents and filling their vacancies.In the administrative aspect,our country should perfect its power's allocation according to specific circumstance,and improve the mineral resources taxation legal system based on the nature of SOMR.Besides,there is a need for the establishment of administrative public interest litigation,in order to prevent the expansion of administrative power and strengthen the supervision.The conclusion restates the nature of SOMR:it is a public power rather than a private right in civil law.This is warranted by Constitutional Law,which authorizes our country to legislate,administrate and supervise mineral resources,to prevent our country's mineral resources legal system fleeing to private law and deviating from the purpose of Constitutional Law.The above five parts constitute this thesis.The aim of the thesis is to make clear the nature of SOMR by studying the theories with respect to it,and give targeted suggestions by discussing the questions of the mineral resources legal system in our country.I hope the thesis has effect on the improvement of the mineral resources legal system.