On The Negation Of The Property Of Mineral Prospection As A Civil Right

According to the Real Right Law of the People's Republic of China,the right of mineral exploration as well as mining right are defined as usufruct and the right of mineral exploration exits as a form of independent civil right.It is generally thought by academia that mining rights includes prospection right and exploration right,of which prospection right is considered its existence in the form of an independent civil right.Yet with this premise,the law is only made with the provision of approaches adopted of creditor of mineral explorations,namely the right of prospecting mineral resources,and the approaches of prospectors to gain earnings are just having the priority of exploration right and the free power of selling recovery of mineral products.Therefore the approaches for the creditor of mineral explorations to gain earnings have no correspondence with his investment,that is,there is no provision to enforce feasible approaches to let the prospectors gaining homologous earnings by the recent mineral resource laws of China.And because of this very fundamental legal blocks,some phenomenon,such as "exploration in the name of prospection","mining while prospecting","divided with no prospection but driving up prospection right",or even "predatory exploration" are seen in real life as the resulting "casting couch" for the creditor of mineral exploration to gain earnings.Some creditors of mineral exploration by this way become profiteer,wasting stated-owned mineral resources and will fully destroying ecological environment.In recent years though a big deal of funds invested by China,the status of mineral exploration is still far from expectation that the real reserves has not be counted clearly,either valuated rightly.Therefore a new law system of mining should be built to be adapted with the needs of socialist economic development as well as be benefit with the sustainable development of mineral resources instead the system defects of existing one.As the owner of mineral resources,state should come to time to prospect mineral resources.The exploration right should be sold publicly when and only when the government has proven up the mineral resources.The non-governmental exploration of mineral resources before or being proving should be prohibited.