Study Of Coal Mining Rights Legal System

"Many natural resources, in addition to their use value, Materiality effectiveness, have an extremely important characteristic, Namely theirlimitation or scarcity......The scarcity of resources requires the definition ofproperty rights". The main purpose of the coal property rights Reform is not just to determine the ownership, on the contrary, the ultimate purpose of ownership reform is to solve the optimal allocation of coal resource and to realize the value of coal resource to the greatest extent. Chinese current coal property rights institution includes: "the Constitution", which stipulate the national ownership of mineral resources, according to the Constitution law, the state protects the lawful mining rights and all the minerals which belong to the state can't be bought, sold, leased, mortgaged or Illegally transferred by other ways. In 1996, the "Mineral Resources Law" implements the spirit of the Constitution and Stipulates the institution of national ownership in detail that: "the State Council or provincial government departments of Geology and Mineral Resources Administrate the approval of the exploitation of mineral resources and the issuance of mining license "."The country carry out the institution that the award of exploration rights and mining rights must be paid". "The fees could be reduced, exempted under difference circumstances, specific approaches and the implementation of steps will be made by the State Council". "Exploring mineral resources must be under the condition that resource tax and resource compensation must be paid according to the related regulations." In addition, the "General Principles of Civil Law," "Law of Real Right," and "Coal Law," also have similar provisions.But with the development of the coal property market, the system hasn't worked well to protect the ownership. Therefore, this paper will use theory of property right. and real right theory to analyze the coal property rights and mining rights, and construct Chinese coal mining rights law system according to the practice of the property rights reform. In addition to the foreword and Concluding Remarks, this article has five parts.Chapter I Raising questions questions. First of all, the importance of "institution of property rights" for the use of coal resource and its realization of value. The necessity for reform of the coal property is analyzed according to "property rights theory". And draw the conclusion that: Coal property rights means that, for realization the value maximization of coal mineral, the state adopt the institutions which encourage and restrict the subjects such as the government, mining rights holders,mining enterprises and so on and the bundle of rights including occupation, using, earning and disposal which enjoyed by the subjects above.In other words,coal property is the bundle of rights which includes state ownership, exploration rights, mining rights, mine management rights and intellectual property concerning exploration rights and mine rights. The reason for defined property rights reform is that coal resources are scarce resources and need to clarify the property rights. But the law just stipulates mineral resources belong to the state, and have not defined the nature of the mining rights.Also there is no perfect coal mining trading system. So exploring and perfecting legal institution for coal mining rights through the reform of property rights is in need.Secondly, the article will sum the legal issues concerning the coal property rights reform. And comb the documents related.Third, The article will analyze of the changing process of the coal resources property rights system which is from the free transfer of mining rights to the compensable transfer. The analysis mainly discuss the characters and incentives of the change of coal property rights institution. Eventually,it will be cleared that the changing was induced by the government. And the change was the result of interaction and game between subjecs. As the following, the compensatory transfer of mining rights were analyzed.Chapter II This chapter will discuss the legal character of mining rights. First, the history of mining rights system changes is sort out. As the following,the chapter will make conparisons among different views which in about the legal nature of mining rights. Based on the conparisons, the chapter will draw the conclusion that mining rights belongs to individual real rights. Then the content of the legal relationship of mining rights and the Validity of real rights of the mining rights are analyzed. Chapter III This chapter will discuss the constitutionality of the coal property rights reform. It will maily include proposal of the problem of constitutionality and the discrimination between coal ownership reform and constitutional provisions. The discussion of this chapter is based on two basic conclusions, these are "mine right is complete property rights" and "national ownership of mineral resources is the distribution of the initial ownership of mineral resources. And this provision is static. But the redistribution of property rights is a dynamic transfer of property and it is a right disposition process. This process means that property rights transfer between different main necessarily. "The conclusion is that the reform of coal property rights is Consistent with the constitutiona, but the innovation of legal system is the key to the success of the reform".Chapter IV This chapter will discuss the coal mining rights transfer system. Firstly, the trend of the marketization of mining rights is defined. Secondly, the specific systems are discussed, including the systems of the mining rights transfer, the system of the mining rights transfer in the secondary market, the time limit of mining rights, the distribution of the mine transfer capital, the registration system of mine rights transfer and so on. Based on the comparisons of legislation and practice at home and abroad, the article will put forward some suggestions for our country's situation.Chapter V This chapter will discuss the coal mining regulatory system. The regulatory model, the subject choice, the main content of the regulatory and the main legal liability are discussed.