| Mineral right mainly includes the mining right and the exploring right.National public power to it on the key standards and regulation.The mineral right is not a single right.Its properties possesses both the administrative licensing and civil rights by public law and private law.Introduced the "Property Law" in 2007,the usufruct property of mineral right have been established.The author thinks that,because of mineral resources has its particularity,mineral used up,the content and the rights will disappear.Therefore,the object makes the mineral right is a kind of usufructuary right,but its rights attribute need through overall considerations.It is state ownership under the mechanism of usufructuary right.Mineral Resources Law revision in 2009,mineral right to confirm property rights,but its overall legislation guiding ideology and basic principles are still with a strong color of planned economy and administrative intervention.The other rules,regulations and regulatory documents related to the mineral right is more complex.The mineral right transfer system as an important part of mineral right legal system,to comb,standardize and perfect is very necessary.Therefore,This paper based on the mineral right circulation legal system in China as the research object,analyzing the legal problems,in order to mineral right related issues can have a more profound understanding.The paper is mainly composed of the following three parts:The first part is an overview of mineral right and mineral right transfer system.This basic theory is the base of full text.Through the introduction of the connotation of mineral right and its legal attribute,and it is a kind of state ownership of mineral resources dispatching of usufructuary right,and lead to this kind of circumstance of mineral right transfer system.The second part,the present situation of mineral right circulation system in China is analyzed,mainly including the current laws and regulations,the transfer of mineral right in the assignment and transfer of situations form and evaluation,and the shortage of the present mineral right transfer system of our country are analyzed and expounded.Including mineral right the inequality of the land,such as the nature of the mineral right transfer contract disputes in practice,the imperfection of the real right legal system of mineral right,mineral right payment transfer system design is not reasonable,etc.The third part is for the mentioned defects of mineral right circulation system in China,based on the basic national conditions in our country,some related countermeasures are put forward. |
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