Study & Restructuring Of Legal System Of Transfer Of Mineral Exploration Right

As the market economy is developing rapidly and the mining right market is growing boomingly, the current legal system of transfer of mineral exploration right can no longer meet the needs of the transfer market of mining right that is becoming more and more active day by day, and its deficiency and disadvantage are protruding continuously. Based on the attitude towards the current situation and the background of transfer cases of mining right, the thesis hereof probed into the legal problems that confronted in mining right transfer on the basis of considering cases and practices during daily work, and it advocates a reform of the current legal system of mining right transfer under the frame of current constitution and the requirement of development of market economy nowadays so that to build up a fair and regular transfer market for mining right.Through the historical retrospect of development of the transfer system of mining right in China, the first section analyzed regulations of transfer laws of mining right in China, and it is believed that the current legal system of mining right transfer is no longer applicable for the needs of mining right transfer market that is booming greatly and legal problems during the transfer are becoming more and more serious.The second section illustrated the basic fundamentals of mining right transfer, including disputes in characteristics of the mining right and conditions and forms of the transfer.By comparing and analyzing of related legal problems in mining right transfer in the current academic circle and considering cases of the transfer during work, the third section probed into the legal problems that will be encountered in mining right transfer. This section mainly studied the problems of activation of the transfer contract of mining right, the transfer scope, disputes in transfer right ownership and solution and procedures of change of transfer right ownership that decided by the court and assisted by the administrative authority as well as mortgage of mining right during the transfer.The fourth section reconstructed the legal system of mining right transfer and it advocated improvement of the mining right transfer system should be implemented under the current constitutional frame and needs of the present market economy so that to build up the legal system of mining right transfer that is applicable to the national conditions of China.Therefore, the current legal system of mining right transfer can be legally reconstructed through improving the legislation, and the contradiction of inconformity between current legal system of mining right transfer and the booming mining right transfer market can be solved through improvement of relative laws and regulations on mineral resources and construction of fair and regular sequence and supervision mechanism of the transfer.