Research On Legal Issues Of Mining Rights Acquisition

As a necessity of social and economic development,mineral resources,its scarcity and exhaustion have constantly inspired China’s emphasis on the development and utilization of mineral resources.As a prerequisite for the development and utilization of mineral resources,the acquisition of mining rights not only guarantees the legality and rationality of the rights themselves,but also implements the concept of ecological civilization construction and sustainable development.Therefore,scientifically understand the acquisition of mining rights in the source of rights and rights The nature,acquisition methods and acquisition procedures are indispensable for building a sound,healthy and orderly mining rights market.With the deepening of the theoretical research on mining rights and the reform of the mineral resources system,the acquisition of mining rights in China has experienced from the initial unpaid acquisition to the current paid acquisition,although it has reversed the situation of the loss of state-owned assets to a certain level and guaranteed mineral resources.State ownership,but the existing mining rights acquisition system is still facing a series of problems such as the lack of mining rights acquisition theory,the lagging legal regulation of mining rights acquisition,and the lack of market regulation mechanisms for mining rights acquisition,which cannot satisfy the current development and utilization of mineral resources and mining The demand for the development of the mining rights market urgently needs to elaborate on the acquisition of mining rights in theory,comb the current status of legal regulations on mining rights acquisition in China,and analyze the practical situation of mining rights acquisition,summarize the legal problems in mining rights acquisition and analyze the causes,Clarify the factors that currently hinder the development of the mining rights acquisition system and make practical suggestions.In addition to the introduction,the text discusses the legal issues of mining rights acquisition in three parts:The first part is the analysis of the status of mining rights acquisition.First,the concept of mining rights acquisition,characteristics and traditional civil law theory are combined to explore the theoretical basis of the mining rights acquisition system;then,from the perspective of laws,administrative regulations,and departmental rules,the legislative status of mining rights acquisition and the subject of acquisition of mining rights and mining rights are reviewed.,Acquisition methods,and acquisition procedures are different in terms of legalprovisions,in order to clarify the main content of mining rights acquisition;Finally,the current mining rights disputes in the judicial interpretation of mining rights acquisition provisions,mining rights acquisition trial principles,and The main points of the trial of mining rights acquisition in existing mining rights disputes are to start the analysis of mining rights acquisition practice.In the second part,it presents the legal problems of obtaining mining rights in China.One is that the acquisition of mining rights is inconsistent with the traditional civil rights acquisition theory.The second is that the existing mineral resources laws and regulations impose an imbalance on the subject of the acquisition of mining rights.The third is the confusion between the mining rights license and the right certificate.The fourth is that the acquisition method is not in place.The rights acquisition market lacks a regulatory mechanism.The third part is to improve the mining rights acquisition system.The first is to clarify the theoretical essence of mining rights acquisition,realize the property attributes of mining rights acquisition,clarify the scope of public and private law adjustments,and weaken administrative intervention;the second is to amend the provisions of the Mineral Resources Law and other laws and regulations on the subject of mining rights acquisition and improve the acquisition of mining rights.The status,rights,responsibilities and obligations of the main body;the third strictly distinguishes the mining rights certificate and permit;the fourth refines the management and implementation of the mining rights acquisition method;the fifth establishes the mining rights acquisition market regulation mechanism,specifically by improving the first-level acquisition The market competition mechanism and the establishment of a secondary acquisition market transaction mechanism are implemented.