Research On The Economic And Legal Regulation Of Copper Resources In Chil

The PhD thesis is based on the strategy "Go Overseas for Mining Resources",which was determined during the 16th National Congress of the Communist Party of China.The thesis is in accordance with the program "A Special Fund for Evaluating the Risk of Oversea Mine Resources Development" co-launched by the Ministry of Treasury and the Ministry of Land and Resources.The thesis is beneficial for the decision-making of Chinese investments on the mine industry in Chile.In addition,it will also shed a light on promoting the development of mining industry in China and the amendment of Chinese legislation of mining.To our knowledge so far,studies in either English or Chinese on the legislation of mines in Chile have been limited.In particular,there has been hardly any analysis at the level of industrial companies.Therefore,the limited understanding of the legislation and policies has made it difficult to predict the developmental trend of the mine industry in Chile.In addition,a systematic analysis as well as the relevant strategic advice has not been available.Of the existing basis of theoretical studies,the initial construction of the Chilean Mining basic analytical framework of the legal system.Rely on a large number of detailed data,literature review and research,combined specification and empirical research,the creation of new research methods and system application,qualitative analysis and quantitative analysis combined the method systematic study to solve the main body of the legal system of the Chilean Mining,Chile Mining Environmental Protection legal system and research on China to invest in Chile and modified Mining legal system in China can learn from the experience of Chile Mining legal system scientific problems.First,China and Chile copper industry was complementary resources,foundation and prerequisite for long-term strategic cooperation.Our imported copper products succession research and Chilean copper industry trends study found,for a long period of time,the use of global copper resources resources to optimize the allocation of the Chinese copper industry structure,and the establishment of foreign Available copper and non-ferrous metal resource base is an important strategic issues;Chile’s domestic market demand is limited,the rapid process of industrialization,the demand for copper products is saturated,the copper industry is export-oriented,foreign investment-driven initiative.Through the study of the imported copper products structure succession and Chilean copper industry trends forecast to come to China and Chile’s copper industry resources complementary conclusions.Combined with the Mining Environmental Protection issue,as reflected in the development of China’s copper industry from the Chilean mining rights in the legal system in China can learn from the experience and methods.Chile Mining legal system of environmental protection system throughout the legislative principles of mining legal system to modify the reference.The Chile Mining legal system of water rights system,community system,emissions trading fee system and of the need for industry legislation to protect the industry and the establishment of emissions trading fee,to solve the water pollution problem in the corresponding.Second,studies have shown that the The Chile Mining legal system to protect Chile Mining showing a state monopoly under free competition market structure is conducive to the development and protection of international investment.Relying on a large number of detailed data as the core foundation,Chile’s Mining Code,Environmental Law and Foreign Investment Protection Act,Chile and small,medium,and large foreign mining companies operating mode from the Industrial Organization and operational point of view,found that Chile’s Mining rendering free competition under state monopoly market structure.Third,the operation of the Chilean legal system to protect the Chilean mining structure to the orderly succession.From three mining companies(large-medium Mining Group Company of Chile’s copper industry morphology and small enterprises)operating mode,the operation of the Chilean legal system to protect the Chilean mining structure to the orderly succession,the future industrial structure towards a more ordered in the direction of development,the protection of foreign investment income.Chile Mining investment entities by state-owned enterprises,private enterprises,joint ventures constitute,effectively improve the yield of the existing mines and the development of new deposits.Domestic or foreign mining companies in Chile chain presented completely free competition,three types of domestic enterprises market structure structured,forming a large,medium,small,complete production system.If a legal system can be a positive industry from junior to senior direction of succession,then the operation of the legal system has been effective.This paper,drawn from the analysis of small,medium and large business operations in Chile Mining legal system will guide the Chilean Mining orderly direction is fruitful.Fourth,exploring the theoretical framework of the mining rights.Prospecting and mining rights theory,according to the system of rights to be decomposition and reconstruction,were set up three parallel existence of fundamental rights:side by side for the mineral rights,the right to development and the concession system,Chile Mining legal system as a basic framework for analysis.The framework combines mining the special nature of the legal system,the amendment and expansion of the mining legal framework for theoretical analysis of the traditional "bundle of rights"type.The proposed mining legal framework for institutional analysis,systems analysis Chile Mining legal system.Come to Chile’s Mining law an industry adjustment,social control as the center of legislative principles.Chilean mining law the following features:(1)The Court Chartered is the basic form of the Chilean Mining Management;(2)Mining behavior management is the basic orientation of the Chilean Mining Act:The contents of the legislation as a whole tend to mining management,the government was only involved in horizontal management,use of industry associations management system;(3)by special law as the carrier,the relevant regulations and mining management has a direct effect set in the Act.Especially in the environmental,safety and liability aspects of the rational use of.Fifth,China’s mining companies in Chile the mining investment first to implement the technology capital,human resources,offshore mineral rights and mineral exploration docking,then the capital markets through effective financial instruments to support the and consolidated industry value chain factors,capital,human resources,mining right combination of the strong support of the Chinese government,the minerals as an investment return of the carrier transport to China’s direct investment in the development path.Designed following alternative investment and exploration-mining companies according to their own conditions:advanced exploration projects,intermediate exploration projects and primary exploration projects.