Research On The Mining Rights Transfer System

At present,the legal nature of mining right is not clear because of current mineral resources legal system.The national public power play the main role,which forms the situation of replacing the protection of property rights by mining administrative management.On the one hand,it is difficult to exert the effect of property right;on the other hand,rent-seeking power has arisen.The transfer of mining industry right depends on the administrative approval actually.We need to understand the link between public right and private right.And to perfect the transfer of mining industry right system.This paper mainly used the Law of People's Republic of China on the Administrative Permit and the Real Right Law of the People's Republic of China and theMineral Resources Law of the People's Republic of China,and some policy documents like program of the transfer of mining industry right system reformas a benchmark and it can be divided into the following parts.Part one introduced mineral resource,proprietary right of mineral resource and mining right,focusing on the legal nature of mining right.The country grants the mining rightto realize payment for mineral resources services.Part two introduced the state of the transfer of mining industry right,and to find its problem such as The transfer of mining industry right depends on the administrative approval actually.Part three constructed a real transfer of mining industry right system.Finally,the last part made general summary of the core point and argument logic of the full text.