The Research On Mineral Rights Circulation System

Mineral circulation law system is one of the important systems. Doing research on it is worthy. In order to analyse this system, this article is divided into five parts. The first part is about the mineral rights. The mineral rights is derived from the mineral resource property rights. It is one of the important rights of resource property rights. It includes exploitation rights and mining rights. On the character of the mineral rights, scholars have several different opinions. In the author's opinion, the mineral rights is a special real rights, it is called accurate real right. It has all of the efficacity of real rights, such as exclusive efficacity, priority efficacity. As the object of the mineral rights isn't determinate, it not a typical real rights. The second part of this article is the introduction of foreign countries' mineral rights circulation law system and history of mineral rights cirulation law system in China. In the past, mineral rights circulation is forbiden. Until 1996, Mineals law was amended and the mineral rights circulation was allowed. The establishment of mineral rigthts circulation law system lies in the development of economy and reform and open-up policy. Its establishment is full of meanning. The author thinks that mineral rights circulation law system should has a series of basal principles. They are open and fair competition principle, persist developing principle, the government control principle. In the third part, the author use a mass of words to introduce the mineral rights circulation law system in China. It includes:(1)The body and qualification of mineral circulation; (2)Mineral rights circulation examine and approve system; (3)Mineral rights evaluation mechanism; (4)Mineral rights market mechanism. The research on content of mineral rights circulation law system is basic, so the detailed introduction on it is necessary. In Fourth part of this article, the author analyses the problem of mineral rights circulation law system in China. What more, the author puts forward her advice to consummate it. The establishment of mineral rights circulation system is not a long time in China, so it is juvenility. For example, clash of the land rights and the mineral rights is not harmonized, the rights of mineral rights owner are not be fully protected, mineral rights evaluation mechanism is not perfect, mineral rights market mechanism is not mature. The author gives some advice to consummate them.