Study Of Mining Rights Human Rights Protection System

The originally law system primarily aims at maintaining well-beings of society and orderly settling the disputes between social individuals.In all ages,property always is closely related with the survivorship, development and maintenance of human-beings.The occupancy and disposition of property is a rudimental requirement,and usually involves in the disputes between social individuals.More and more concern has been paid to the legal system of exploration & mining right in modern legislation of mineral industry.The property attributes of Exploration & Mining right,which was vested in usufruct of immoveable property,has been demonstrated greatly since jus in rem law of the People's Republic of China was put into practice on Mar., 2007.Licensees are the straight participants in mineral industry.They should take some rights when bearing obligations.But what rights should they take and how could their rights be effectively guaranteed? This will present a direct impact on the sustainable development of mineral industry.This paper,on the basis of 1986's Mineral Resources Law of the People's Republic of China and amended bill of 1996's edition,analyzed the formation and development of legal status of licensees and related right protection system during the transition from plan to market economy in China from a point view of the relationships between state-ownership and exploration & mining right of mineral resources as well as the constitute of exploration & mining right and its attributes.Then,a further study on the right and right protection of licensees was carried out,and some legal suggestions were proposed to strengthen the right protection of licensees.This paper can be divided into five parts besides the abstract and the conclusions.The first part reviewed the historical origin and basic concepts of exploration & mining law,as well as law relationships of state-ownership of mineral resource.It is analysed and proposed that exploration & mining right is a usufruct of immoveable property,is a private right with some attributes of public right.Therefore,exploration & mining right is not only influenced by the modification of public right,but also an important constitute of civil law.Secondly,the formation,constitute and content of licensee's rights were briefly described,and the legal relationships of exploration & mining right under different economy systems were discussed.Licensee's rights originated from the state-ownership separation of mineral resource,i.e.,the formation,constitute and content of exploration & mining right are dependent on the disposition of mineral resource state-ownership.Thirdly,the evolution and present state of licensee's legal status (endued by exploration & mining law under different economy systems in China),together with the legal relationships between state as the owner of mineral resources and licensees,was investigated.A right protection principle is thus established that the licensees with different economical constitutes should be endued an equal legal status.The fourth part analysed the present law protection system of licensee, especially the significance after jus in rein law was brought into the protection system.Then,Some factors,which should be considered to consummate the law protection system of licensee,were discussed in detail.Finally,the present law protection system of exploration & mining right and civil law protection were discussed.Based on its law attributes of private right and jus in rem,some paths and suggestions were further brought forward to strengthen the law protection.In summary,the exploration & mining right is a private right with some attributes of private right.Specifically,it is a property right,and also a jus in rem.In order to provide a sufficient right protection for licensees, it should endue them an equal legal status,and establish a dual right protection system based on public and private law.Public law protection should lay particular stress on protecting private aspect of exploration & mining right,and avoid excessive intervention.It must utilize the principles and spirits of civil law to protect the rights of licensees in the legislation and practical operation of mineral industry,and at the same time,it must strengthen self-hold of administration right and establish a just market.In addition,on the basis of the present jus in rem law,a definite legal status should be imparted to exploration & mining right and licensees within wider range of civil law,and further consummate the law protection system of licensee.The combination and mutual promotion between administration law,civil law and others together,will provide a powerful legal protection for licensees.