Research On The Mining Right Registration System Under The Property Law

Since mineral resources were first exploited by human, they have exerted an irreplaceable impact on human survival and development by continuously providing material basis and inexhaustible impetus. It is no exaggeration to say that without mineral resources there would never be modern civilization. Mining right is aimed at the exploitation and utilization of mineral resources. Thus it is essential to strengthen its administration to achieve the purpose of high resource allocation efficiency and regulated mineral industry market. Mining right registration is a significant means of mineral management, and real right registration is an important part of registration system. Mining right registration regulates and guarantees the transaction security from the prospective of public summons and trust, which differs itself from administrative registration in the conventional sense. It is of great importance to conduct researches on the properties and basic system of mining right registration from the’aspect of real right law with a purpose of protecting mining right subject’s legal property and interests and stabilizing the mining right market order.Two issues shall be considered when implementing unified real right registration of mining right:first, the realization of real right registration; second, the feasibility of real right registration.First, we have to solve the issue of whether real right registration can be applied to mining right. The issue shall be addressed from the concept and legal attribute of mining right. The phrase mining right has long been a controversial concept in the academia. As for its attribute, there exists various theories, such as creditor’s right, right of possession, real right, etc, among which real right is widely accepted. With regard to real right, it comprises different sub-theories based on the different natures of real right, e.g. quasi real right, chartered real right, right of full ownership, real right for usufruct, etc. The enacted Property Law incorporates mining right in the chapter of real right for usufruct. It is thus clear that the Property Law regulates mining right in the sphere of real right for usufruct, which provides legal support to the real right registration system of mining right.Second, we need to tackle the issue as how to implement the real right registration of mining right. Therefore we shall first analyze the legislation and practice of current mining right registration, ranging from registration authority, scope, procedure, register and effect to the creation, alteration, alienation, termination and mortgage in the design of registration system. Besides, the overseas mining right registration system could also be utilized in the improvement of our own mining right registration system. In foreign countries, the real right registration of mining right is separated from its franchise registration, that is, the mineral right that regulates the ownership is registered in the name of real right and franchise registration that states the right to exploit certain mineral resources is approved by and registered at the administration. These practices also provide reference for a trinity mode in the mining right registration in China.