Mining Rights The Right To Form And Rights Protection System

More and more concern has been paid to the legal system of exploration & mining right in modern legislation of mineral industry.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 relations 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 conclution The first part summarized the legislation course and time characteristics since the foundation of our country, and the emphasis was placed on the evolution of legal status of licensees, which was vested under different economy systems in China. Second, the legal relationships between ownership and exploration & mining right were discussed in terms of concepts and legal attributes of mineral resources ownership and exploration & mining right.Thirdly, the legal relationships between state as the owner of mineral resources and licensees were discussed, and the emphasis was focused on civil legal relationships, in which the private right attributes of exploration & mining right is especially stressed. Therefore, it is proposed that the licensees with different economical constitutes should be endued an equal legal status.The fourth part argued that the exploration & mining right is a public right with private right attributes in terms of...