The Legislation Consummation Of Coal Resources Paid Use System In Our Country From The Perspective Of Shan Xi Experimental Reforms

Paid use of coal resources refers to the person who obtains the mining rights through the administrative examination and approval. Besides paying mining rights use fees, he should legally pay the mining rights costs. In the process of resources integration, blank or closed coal resources which are suitable to bid publicly should be sold according to the manner of public bidding.In May of 2004, Shan xi Province carries out the coal resources paid use system as the experiment unit. This system defines subject of right and responsibility through clearly establishing property rights. It plays some part in solving mine security problems, enhancing resources recovery rate, increasing local finances, and greatly increasing the investment of geological and ecological environment treatment of colliery enterprises involving villages at the same time. However, there are still some insufficiencies in the practical process. For example, because present appraisal method of mining and exploration rights is not very consummate in the appraisal stage, the confirmation of bidding, auction, listed sold-off base price is affected. Looking from the experiment unit which has been sold, most problems are about the large margin between bidding, auction, listed sold-off base price, retention price, base price and actual street price (approximately above 10 times on average ).On the confirmation problem of auction base price, although the appraisal result can be used as the basis, the embarrassment still exists because of high price that mine owners can't accept while low price that will be criticized as national assets outflow. In addition, the problem also exists in lack of corresponding supervision and management mechanism of large quantity of mining rights costs, faulty right and obligation stipulation of mining right grantees and Shan xi coal resources paid use reform involving only mining rights costs inmining rights fees owing to national legislative restriction for local reform.This article systematically analyzes our country's mineral resource paid use system and status quo of Shan xi Province coal resources paid use experimental reform and summarizes the problems existing in the present Shan xi reform work, as well as the reason on the basis of investigating Shan xi coal resources paid use experimental reform situations. The paper puts up reform advice from the perspective of consummating existing law of our country to standardize the behavior of publicly selling coal mining rights and coal resources paid use system of our country, so as to guarantee paid transfer of coal resources and the interests of all joined parties. Meanwhile, it provides references and helps for the second batch of coal resources paid use experimental reform work in Inner Mongolia, Heilongjiang, An hui, Shan dong, He nan, Gui zhou, Shan xi and other seven major coal producing provinces, then provides references for national promotion of the coal resources paid use system.