Research On Mineral Resources Market Legal Issues

Mining is an important industry in China’s national economy.But under the impact of the social and economic systems philosophy of the planned economy period, the field of mineral resources in China’s legal system does not match the new situation in the field of mineral resources at the moment.It could not solve the new problems arising in the mineral resources market, and it has been unable to meet the pace of the marketization in mineral resources market gradually. It is urgent to make modifications and improvements for China’s mining legislation at the moment.The study for the mineral resources legal system is not uncommon at home and abroad.This paper studies the ealization of the right of national income in mineral resources law legal system in China and the protective pathways for mining rights owners in mineral resources law legal system in China, and research practical problems in legal practice, In order to provide references and recommendations for China’s mining legislation in the future.The author uses professional knowledge of law and general understanding of economics, and analyzes the legal issues arised in the mineral resources market, with empirical analysis, causal analysis and comparative analysis methods. Combining the analysis, the author puts forward constructive countermeasures for the reform of the Mineral Resources Law legal system.This paper is divided into four parts, having about more than eighteen thousand words.Part Ⅰ:Analyzing the main problems of China’s mineral resources market. The problems in primary market and secondary market for mineral resources in China were described in detail on theoretical and practical level.Part Ⅱ:Jurisprudential analysis on the problems in Chinese mineral resources market. From the two aspects of empirical analysis and jurisprudential analysis, the author points out two main reasons for the problems mentioned above. The first, the identity of the country as the owner of mineral resources is full of indeterminacy. The Second, there is no clear distinction between the countries as the administrativer of management rights and civil rights as the owner of mineral resources.Part Ⅲ:Relevant national mineral resources market’s legal systems give us some inspiration. Through the study of the developed countries and developing countries on the legal system of mineral resources market, this paper learns from their experience on achieving state mineral resource owner’s income and manages mineral resources transfer market, as a reference for our mineral resources law reform.Part IV:Perfecting countermeasures and suggestions of the legal system of China’s mineral resources market. The first step is to reform the mineral resources management system to achieve transform of capital from resource to asset. The second step is to reform the legal system of mineral resources market to achieve state owner’s rights on income and the protection of the interests of the mining rights holders.The author believes that the problems in mineral resources market are not just like noted in this paper, there are many other issues that need to be studied, and we should gradually modify and improve the management systems and legal systems in mineral resources market.