Study On Legal Property Of The Mining Right

The mining rights provides for the collection of mineral resources ownership and administrative management rights as one of the composite rights,which embodies the management of public power and private rights of the property rights by present law of our country.When taking participation in the intervention of mining market,the country is not only the owner of mineral resources,but also the management of mining market,which led to the difficulties in playing a role of the market in the allocation of resources and the state of mineral resources can not realize gains in practice.Therefore,the reform of the existing legal system of mining rights,the implementation of the separation of the two rights is an urgent need to comprehensively deepen the reform.This paper employs the research method of finding problems,analyzing problems and solving problems.This paper from the problems of the legal attribute of mining rights in China,analyzes the legal attribute of mining rights,and puts forward some suggestions about the reform of the legal system of mining rights.In the first part,this paper puts forward three main aspects of the legal attribute of mining rights.First of all,mining right consists of the ownership of mineral resources and management right,which hindering the role of the market play.There are problems such as local government excessive intervention in the market,blind development and utilization and the central government's macroeconomic regulation and control failure.One of the inherent reasons for current excess capacity of mineral resources is the confusion of mining ownership and management right.Second,the mineral resources of civil income of the country lost seriously.The essence of the existing legal system of mining rights is the government's administrative fee for the mineral resources country(National)civil return.It caused the unfair distribution of the national,the two level of differentiation.Finally,the problems of the power of government officials in the field of mineral resources rent-seeking,corruption is serious.Since the Eighteenth National Congress of the CPC,more than 50%major corruption is related with mineral resources.Shanxi Province is the most prominent province..In the second part,the paper analyzes the problems existing in the legal attribute of mining right in our country through the legal analysis method.First of all,this thesis analyzes three typical theories of support mining rights define the attributes:Chartered real right,quasi property theory and the usufructuary right theory.Secondly,this thesis analyzed from the economic aspect,because of the mining right combination of two rights,countries only recognize the two distribution of mineral resources and ignore the initial distribution.It causes the country's civil income to fail to realize.Because of the mining right is the ownership of mineral resources and management of the right one,the dual attributes of both public and private rights,mining rights can not adapt to the market.Again,the analysis from the political level,because of the mining right two right one,resulting in the identity of the owner and manager of government identity has not been distinguished.It also analyzes the reasons for two level of national social differentiation and government officials rent-seeking left a loophole.Finally,from the legal aspects of the analysis,the reason of the market in the allocation of mineral resources can not play the role by mining right two right one.In the third part,this paper put forward suggestions for the reform of the legal system of mining rights in China.First of all,separating the existing mining rights into the two independent rights(power),which including the ownership of mineral resources and mining licenses,with the implementation of the two card system.Secondly,based on the separation in ownership and mining license rights,this article put forward a sound "mineral resources" is proposed and combined with the foreign mining law,the land resource of our country correlation legislation experience proposed independent from the mineral resources law,the new "mining law" of the legislative proposals.