The Legal Research Of Mining Right Transfer System

Modern society increasingly dependent on high-tech products， and high-techproducts manufactured materials are inseparable from mineral resources, mineralresources, as a non-renewable resource which is a growing shortage inevitable. Tosafeguard economic and social sustainable development, we must attach importance to theprotection and allocation of mineral resources. It is high time improved the transfer ofmining rights in our country’s legal system. However, the transfer of mining rights marketchaos: in the circulation, reselling or black market it is often seen. In view of this, theauthor has conducted the research to the mining right circulation legal.This paper is divided into four chapters:The first chapter, defines the legal attribute of mining rights and mining rights. Thisarticle believes that, the mining right refers to a certain social organizations and citizenslegally occupy, authorized by the state administrative organs of the exploitation of mineralresources, processing, use, dispose of the minerals, to obtain the proceeds, and the right toengage in other activities closely related to this; mining right of property is the real rightof a chattel.The second chapter, points out the defects of the current legal system of mining righttransfer. Mainly includes: conflict law guiding ideology; the conflicts between public lawand private law; conflict between upper and lower; there is a conflict between mining rightand land tenure and land rights.The third chapter discusses the processing methods of some legal problems of miningright transfer. Mainly include: that the effectiveness of the contract, the mining right,mining right whether contractor can lease, the mining right mortgage or not and how tosolve the conflict with the right of land. The main idea is: the effectiveness of mining right transfer contract that should pay attention to grasp the principle of balance; mining rightscan’t contract, rent, but can mortgage.The fourth chapter discusses the improvement of relevant legal system. Mainlyincludes: improve supporting measures and corresponding law modification.