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Expression Of "Mineral Resources Belonged To The State" In Relevant Laws Of China

Posted on:2021-03-31Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y QiuFull Text:PDF
Abstract/Summary:PDF Full Text Request
Mineral resources have been the main source of people's means of production and living materials since ancient times,and they are the material basis for the development of human society.The abundance of mineral resources is closely related to the development of the country and the progress of society.The possession of mineral resources by the state is a consistent requirement of Chinese law.As a manifestation of state ownership,the ownership of mineral resources is closely related to national interests and social public interests,and is a legally protected right.China's Constitution has clearly stipulated the ownership of mineral resources,and in the development of the country and the evolution of society,the Constitution is fundamental,and a series of laws and regulations related to mineral resources have been promulgated to protect the provisions of the Constitution.The country's mineral resources ownership,but after the introduction of laws and regulations related to these mineral resources,there are still many imperfect problems to be solved..This article is divided into four parts:The first part introduces the meaning of the ownership of mineral resources and the development of this ownership in the evolution of China's constitutional law,explaining that the ownership of mineral resources is a kind of public power.The second part: On the basis of the first part,the focus is divided into four periods,respectively expounding the process of establishing and evolving relevant laws,thus explaining the expression of “mineral resources owned by the state” inrelevant laws of China.The third part mainly discusses and compares the status of the mineral resources ownership of major mining countries in foreign countries.For example,the nature and changes of the state's mineral resources ownership in the process of national development in the United States,Canada,South Africa and other countries.The fourth part,under the premise of clarifying the nature of China's mineral resources ownership is a kind of public power,under the existing relevant system,China's implementation of the "mineral resources are owned by the state" process,including the legal system Legislation has too rough and abstract legislation,lack of legislation,delay,imperfect legal liability system,and the unreasonable allocation of central government power in the administrative management system,and the existence of vacancies in the strategic reserve system of important national mineral resources.In the fifth part,after discovering relevant questions,make suggestions for existing problems.In terms of legislation,it is recommended to improve the legislation,mainly to update the legislation,improve relevant laws and regulations,and fill the gaps in the law;in this respect,we should rationally allocate government power according to specific conditions,and establish a strategic reserve system for mineral resources.
Keywords/Search Tags:mineral resources, state ownership, constitution, law, power, ownership
PDF Full Text Request
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