The Legal System In China To Sell Mining Rights

Mineral Resources plays an important role in economic development, and it is an important material basis for social development. With the continued rapid development of China’s economy, the demands for mineral resources are also growing. At the same time, the shortage of resources has become an increasingly prominent contradiction, which is already a serious threat to the sustainable and stable development of China’s economy. As a core interests of mineral resources, mining rights is an important prerequisite for the development and utilization of mineral resources. "Mineral Resources Law" Clearly defined system of paid transfer of mining rights in Article 5.China’s mining right transfer gradually formed a predominantly recruit auction, bidding transfer and protocol relies on application of transformation system. Especially after the "Property Law" established exploration right and mining right as a usufructuary right,the property rights of mining right civil nature gradually be taken seriously. But our law is imperfect, the transfer of mining right on the transfer of mining legislation lags behind. Many of the 1996 revision of the "mineral resources law" laws and regulations have a strong administrative color, which has Poor understanding of the nature of mining right and lack for the rights of mining right person credentials.This paper describes the actual situation of China through the transfer of mining rights, mining rights to explore the legal issues of transfer market presence, and then put forward a sound system of mining rights to sell the proposal. The above suggestions aim at promoting the reasonable and orderly development of China’s mining right transfer market and the full implementation of the system of paid use of mineral resources and implementing the state ownership of mineral resources income.The first part is the basic situation of China’s mining rights market overview, a clear meaning and characteristics of the transfer of mining rights, the introduction of the specific circumstances of the transfer of mining rights and the basic method of mining rights market construction. Our country has established mainly for sale, protocol relies on application of mining right transfer system, basically realized the transfer of mining right market, and gradually achieve the paid use of mineral resources.The second part analysises the mining right transfer of the existing problems and causes through the mining right, of course, legislation lag and inadequate and mineral resources tax and fee and price problems and the transfer of mining right security administration management and regulatory loopholes, then introduces the deficiency existing in mining right transfer in our country objectively and comprehensively. First of all, the understanding of the civil property attribute of mining right is not enough, mineral resources and its related laws and regulations without corresponding adjustments in a timely manner, and many laws and regulations still with strong administrative color, leading to China’s current mining right transfer cannot fully realize the value of the mineral resources in the market. Especially taking the mineral resources tax and mineral resources compensation as a system of paid use of mineral resources, which not only repeats levy, but also because of low rates and unreasonable collection methods, and it can not reflect the true value of mineral resources from the root.The third part of the proposed measures is to improve the transfer of mining rights. Mainly includes three aspects: basic on principles, reform and revise and improve the management system of legislation. I hope that based on the of understanding of mining right of civil property attributes, undertaking the property law of real right registration system, to accelerate the revision work of the mineral resources in China and relevant administrative rules and regulations of harmonious and unified to protect the legal rights and interests of mining right person and establish civil relief way. At the same time, the abolition of the mineral resource tax and the mineral resources compensation, and the collection of gold mineral resources property rights can fully realize.the national property rights for mineral resources. To limit the scope of the price of the mining right and standards strictly, and just taking it as the country for mineral resources exploration investment returns. To establish market-oriented mining right appraisal institution, levy on mining right transfer of mining right transfer, and allow a mining right value added tax in the mining right circulation at the same time, so as to realize the property interests of mining right and maintain our country’s national interests and public interests. To simplify examination and approval procedures in the mining right transfer management and improve the system of classification, aiming to promote the development of mining right market rationally and orderly. To establish the system of mining land in priority and pay attention to the ecological environmental protection of mining area in the meantime.