Research Of The Legal Property Of The Mining Rights

Theories about the legal attribute of mining right orientation, academic circles have been discussing heatedly, there are mainly three theories:quasi real right, usufructuary right and chartered real right, but the mainstream view is the doctrine of usufructuary right. After the property law defines the legal nature of mining right as usufructuary right, the practice and academia’s discussions are more intense. The reason is that the scholars found that define the legal attribute of mining right orientation as the usufructuary right is a fatal mistake, mineral resources mainly in Chinese scholars will be treated with general natural resources; in the recognize of the knowledge of mining right, the scholars do not distinguish the rights and ownership. Such errors appeared aerial phenomenon in a system of compensated exploitation of mineral resources in our country, the country’s mineral resources usufruct loss serious, at the same time; the mining right owners obtain huge profits. Nowadays, national public utilities funds are shortage seriously, the widening gap between the rich and poor is enlarge, social legal attribute of this series of phenomena and mining right positioning error. As a result, finding out existing problems and the positioning the mining right of legal attribute and analyzing its legal, putting forward the correct solution, are the necessary ways to realize the national usufruct, reasonable development and utilization of mineral resources.