Research On Mining Rights Mortgage Legal System

Mining right mortgage is an important part of the mining right circulation, it plays an irreplaceable role in the secondary market of mining right. Mining right mortgage had experienced the development process from prohibited circulation to let go of the circulation in our country, this system haven’t made a clear provision in the basic law of mining although our Law already allow mining right mortgage,it’s just mentioned in the administrative rules, and the provisions are so simple,only stipulate in article 55-58" Provisional Regulations on management of the transfer of mining right transfer"about the concept of mining right mortgage、the value assessment of the pledge、the record registration of mining right mortgage and the accomplishment of mining right mortgage, the content is imperfect. Along with the further development of our mining economy, the existing legal system of mining right mortgage can’t adapt era’s needs, the reform of the legal system is urgently need to escort a good and orderly operation of mining right market, the reform of the mining right mortgage legal system is looming.The main body of this paper is divided into three parts, first part begins with the definition of the mining rights’legal attribute, via the comparison of all kind of theories about mining rights’attribute, explicit the usufructuary right attribute of mining right, lay the foundation for the discussion of mortgage system of mining right. Later introduce mining right mortgage system formally, summarize the basic theory about mining right mortgage through the concept、legal characteristics、value、legal and regulations at home and abroad of mining right mortgage, in order to have a whole understanding about the mining right mortgage. Second part mainly generalizing and analyzing the problems in the existing mining right mortgage system, via the analysis of whether can set mortgage in mining right、whether mining right person can use his mining right to provide collateral for others debt、when does the mining right mortgage contract come into force、the setting ways of mining right mortgage、mortgagee’s risky、transferee’s intelligence request、mining right mortgage and rental and coopetition issues point out the imperfection and hysteresis quality of existing mining right mortgage system, shows the necessity of the reform of existing mining right mortgage system. The last part is the reform suggestion about the improvements of existing mining right mortgage system, this part include three aspect:first is the improvement of the law. Put forward to change the original old model about the assemble of mining laws, revise the basic law of mining, detailedly stipulate the mining right mortgage in basic law, and complete laws and regulations cleanup, improve the whole mining right legal system to avoid "cross line" problems in the application of some regulations.Second is the system itself.Include the specific content about mining right mortgage contract, the accomplish issue of mining right mortgage and the register system of mining right mortgage, targeted point out the suggestion about the existing mining right mortgage system itself.Third is the external restraint of that system. This part includes mining right value assessment, the limitation of public right intervene, begins with these two external factors which influence the mining right mortgage, briefly analyzed how to build a good development environment for the mining right mortgage through reform these factors.