Research On China's Mineral Resources Rights And Interests System

The economy and society development of the state cannot be separated from the mineral resources.It is necessary to plan to develop and utilize mineral resources,and to scientifically manage the exploitation and utilization of mineral resources.The mineral resource tax and fee system is an important means for the state to carry out mineral resources management.It should be said that the mineral resources tax and fee system has played an important role in China's planned development and utilization of mineral resources.However,for a long time,China's mineral resources tax and fee system has problems such as primary and secondary taxes,unclear functional positioning,and lack of ecological compensation.As a result,the mining resources are chaotic,the destruction of the ecological environment is not repaired,the rights and interests of state-owned mineral resources are difficult to guarantee.In response to these problems,the State Council issued the “Reform of Mineral Resources and Interests System” in 2017.Relevant documents to promote the reconstruction of the mineral resources tax and fee system,this is a major change in China's mineral resources tax and fee system.To this end,the thesis aims to conduct a preliminary discussion on the reform of the equity system.Firstly,the thesis begins with the basic theory of the mineral resources equity system,and defines the concepts of equity,royalties,mineral resources compensation,resource tax,prospecting mining rights,exploration rights and mining rights.The relationship is analyzed and the legal attributes of mineral resources rights and interests are clarified.Secondly,the thesis sorts out the development history of China's mineral resources rights and interests system,analyzes the main measures and the main dilemmas faced by China in implementing the mineral resources equity system,such as The mineral resources reform theory is unclear,the old and new systems are not well connected,the structural system is unbalanced,and the mining laws are lagging behind.Then,the mineral resources and interests system of mining developed countries such as the United States,Canada,and Australia are analyzed,and the mineral resources rights and interests in China are considered.Institutional reform extracts mature experience;finally,based on China's equity fund reform plan and foreign mature experience,it puts forward the idea of establishing China's characteristic equity system,focusing on the establishment of China's characteristics from the aspects of legislation,content,system convergence and related supporting systems.