The Research On The System Of The Compensation For Acquisition Of The Prospecting Right In China

The system of the compensation for the acquisition of the exploration that it burdens the responsibility to enhance resources ensuring strength and to advance the national economy is established in the context of socialist market economy.However,since Mineral Resources Law have issued the system of the compensation for the acquisition of the exploration,geological exploitation industry developments always go behind market economy,so that the industry faces lots of problem,such as excessively high cost of exploration right and a loss of profit for exploration achievement to geological exploration unit.The above reason is that there are contradictions between the legal attribute of usufruct right and administrative permission right and the negligence of exploration achievement.Here,the thesis will follow rules that is raising problem-parsing problem-solving problem to research the state system of the compensation for acquisition of the exploration synthetically and systematically.First,by carding the state legal system in mining industry and the evolution of exploration system from beginning of new China,to draw the existential essential problem of the state system of the compensation for the acquisition of the exploration now,that the problem is there is the mistake significance for the cost of exploration right and the loss of profit to exploration achievement.Then,from the point of the state owner of mineral resources,administrator and the market entity for exploration units,to analyze why the legal exploration attribute is improper,exploration units is not the independent market entity,the exploration achievement as property lack protection.Finally,under the background of socialist market economy,the paper use the foreign system for reference to put forward the reform proposals for the state system.We should improve the laws and regulations and the primary and secondary market of the state system of the compensation for the acquisition of the exploration on the premise that carding the legal exploration attribute,then to explicit the property nature of exploration achievement.Those measures can arouse the passion of exploration units to explore and increase the social investment to the exploration.