Exploration On Several Issues Of Natural Resource Concession

Natural resource concession system is an important right system. The obtaining of the right begins with the application from the Administrative counterpart and the crucial point is the verification of the government .The core of the system is to endow the administrative counterpart with the rights and qualification of exploitation , utilization and usufruct to natural resources. This paper stands in the mix perspective of administrative law and resources and environmental protection law, analysis about the nature, access principles and methods, transactions and compensation for expropriation of the natural resource concession with the goal of safeguard of the rights. The view point is that natural resource concession is a kind of quasi-property, and it would be better to adopt market-oriented methods to the permitting of the concession. The thesis takes the"integration of coal mines"from Shanxi province for example, analysis the rationality of compensation for expropriation due to public interest. Concluded that we should merit the western countries'reference which with judicial intervention in the procedure of expropriation and on the one hand to establish the public-interest certification process and complete the determination process of compensation in substantive law. On the other hand to complete the public participation system in procedure laws, to explicit the right to know, to participation and to be heard in the process of the expropriation in order to achieve the purpose of protecting the legitimate rights and interests of the owner of the concession.