On Mining Rights Circulation

Mining-rights are classified in the Quasi-real rights and the property rights which derive from the state ownership of mineral resources. To improve the proper use and exploitation of mineral resources and also to optimize the distribution of nature resources for the state's interests as the owner, it's a great necessity for the mining-rights to circulate as other assets. The circulation of mining-rights can be divided into two markets, the first rank market and the second rank market. The first one is the market where the state remises the mining rights to the special holders by application, bidding, auction and shingle-hanging. The second one is the market where the holders of mining rights transfer the rights to others by selling, investment, cooperation in exploration or re-organization. Besides the above, lease, the way of transferring. of mining rights in Market also concludes leasing, mortgaging and contracting, etc. The present circulation mechanism of mining right mainly stipulated by the administrative rules, regulations, the department rules and regulations. Considering that it's not enacted by the Committee of National People's Congress, there are many legislation conflicts and mechanism's confusion. Therefore, we should revise and consummate legal regime of the mining right, and acknowledge that the mining right's attribute should belongs to a real-right. In the mean time, our legislation should establish a marketability transaction mechanism of mining-right.This paper includes three parts to discuss the mining circulation mechanism. The first part is the basic theories on mining circulation mechanism. In this part, the paper gives us the concept, attribute and contents of the mining-rights, and furthermore analyzing the concept and attribute of mining circulation mechanism. Also, this part analyses the signification of the mining-right's circulation under the market-economy condition, which is that only the legislation premises mining-right to circulate, the mineral resources could be used in a more reasonable way. The second part introduces our present. mechanism of mining-right's circulation and the problems in the circulate process of mining-rights. This part firstly introduces the present legislation on mining-right's circulation, and then elaborates the remising mechanism of application, bidding, auction and shingle-hanging, which belong to the first rank market, and the transferring mechanism of selling, investment, cooperation, mortgaging, contracting, which belong to the second rank market. Lastly the part also analyzes the problems in our present mining-right's circulation mechanism, which mainly shows in three aspects:the legislation, the supervision and the transaction mechanism. The third part proposes the suggestions of our country's circulation mechanism in mining-right. Our country should amend the existing legislation of the mineral resource, and should acknowledge that the mining-right's attribute should belong to a real-right. On the basic of above, we should re-design the mining-right's circulation mechanism marketability, establish the mining-right transaction mechanism and the mining-right supervisory system.