Research On The Transfer System Of Exploration Rights

Mineral resources is an indispensable part of the world's economic development,and is of strategic significance to the economic development of a country.Mineral resources ownership is from the emphasis on property attribution to the emphasis on the use of property changes,so make the exploration rights be an usufructuary right is more reasonable.As a property right,the prospecting right is subject to the protection of private law,and because of the particularity of mineral resources,it is subject to certain administrative intervention and administrative regulation.Therefore,the exploration right has the dual attribute of private right and public right.There are many problems in the exploration rights' system circulation.Performing in it is not coordinated with market economy.It is reflected in the fact that the administrative intervention is too heavy,the civil protection is insufficient,the technical standard of the subject qualification is too low,the transfer condition is "one size fits all",the transfer mode is not enough to be refined,and the widely used transfer method in the individual practice is lack of provision.The standard of assessmentis not clear and has poor supervision,exploration rights has financing difficulties and so on.In order to promote the healthy and harmonious development of the circulation of exploration rights in China,it should be combined with practical problems to carry it out.Control the administrative intervention,so that the focus of mining authorities graduallytransfer from the management to development.Further emphasizing the civil attribute and property attribute ofexploration rights,and to strengthen the civil rights' publicity and the interests' protection of the exploration-right possessor.And strengthen the qualificationexamination of the transferee,according to the exploration difficulty of mineral resources make classification,the transfer conditions also make classification requirements.The exploration rights are uncertain in the survey results,so thatin some specific assignments,the mining rights should not be stipulated in general.If the exploration rights can be collateralized,they do not apply to the pre-investigation and the general investigation,we should further refine the provisions.Reduce the unnecessary approval procedures,the registration of property rights and the approval of exploration rights should combined to maintain the justiceof approval,and protect the legitimate interests of exploration-right possessor.Improve the financing system of exploring market,provide diversified financing channels for the exploration-right possessor,reduce the risk of exploration activities and promote the development of exploring market.