A, what is the mining right
At present our country's mineral rights are divided into two exploration right and mining right, the right of exploration and mining rights are collectively referred to as mining right.
The definition of the right of exploration means within the legally obtained exploration license for exploration of mineral resources within the prescribed scope of power.Exploration license the unit or individual called the exploration licensees.
The definition of mining right refers to the legally obtained within the prescribed scope of the mining license, in mining mineral resources and the right to receive the mining of minerals.In the mining permit unit or individual called the mining right person.
Second, the origin of the mining right
Mining right is in accordance with the state ownership of mineral resources all-around separation, is by the derived the principle of state ownership of mineral resources, has the certain legal characteristics of real estate item.Mining right is a form of property rights, set up a mining right people can make the ownership of mineral resources and the rights of exploration and mining of mineral resources in the phase separation.Mining right is the value of mining right person within the scope of the legal, formed through the investment of capital and technology, is subject to be protected in accordance with the law.
Occurs when the concept of mining right from Roman law, at the time of mineral resources is classified into categories, and the Roman law, the ownership of mineral resources belong to the state, but the country can take some mineral rent to noble and private mining.In some cities of ancient Rome, a lot can free man from the state or private all mineral rent in some mines, these small mines to countries pay a certain amount of products, all who are willing to mining, the mining of individuals can be made half of the exploitation of the mineral, the other half to the country.Western mining right is the heyday of the concept of development and perfection in the 1960 s, at that time, as most western countries towards the industrialization, development and utilization of mineral resources have also been unprecedented attention.
Third, the development of China's mining right
In "mineral resources law of the People's Republic of China" promulgated in 1986, before our country mineral resource allocation plan.Geological department, mainly engaged in geological prospecting geological exploration unit, proven by the state to the industrial sector to the properties of free mining, industrial department is mainly engaged in mineral resources exploitation, at the same time engaged in this industry for mineral exploration.
1986 "mineral resources law of the People's Republic of China" enacted, make clear a regulation on behalf of the state of the state council to exercise state ownership of mineral resources, establish the system of compensated exploitation of mineral resources and mining right system, but does not give the right of exploration of mining property right nature and exploration right or mining right circulation.
Since in l994, state of mining mineral resources compensation fees, ended the history for the exploitation of mineral resources.Mineral resources configuration mechanism arranged by simple plan to give priority to in order to plan, market regulation is complementary.
Mineral resources law of the People's Republic of China 1996, modified, deleted the terms of the mining right is not allowed to transfer, increase the exploration right or mining right (hereinafter referred to as mining right) paid acquisition and may be transferred according to law regulations. Give the right of exploration of mining property right nature and set up the right of exploration of mining right system of paid acquisition and in accordance with the flow.
In February 1998, the state council promulgated the "mineral resources exploration and the measures for the registration and management, the measures for the administration of the registration of mineral resources exploitation", "exploration mining right management method", after the country actively explore and practice the exploration right or mining right the paid transfer of a variety of ways and operation procedures.Since February 1998, imposed on the people of exploration or mining royalties of exploration or mining royalties;To apply for state-funded proven properties of mineral exploration right and mining right shall also pay the cost of exploration or mining cost.The three form a complete set of administrative rules and regulations, and the concrete elaboration of the legal principles and some of the operational rules.Thus, in the form of laws and regulations affirmation of the property rights of mining right and the commodity attribute, it goes without saying that also affirmed the mining right of use value and exchange value, implements the links up the mining right management system and market economic system, with international practice.
Fourth, China's mining right and mining right is the difference between abroad
Mining assets, the representative of mining right in exactly is a representative ore assets with mineral exploration right and mining right, the word "mining" took a dual responsibility: one is the legal protection of mineral resources, the other is a kind of mineral resources assets."Mining" both as a kind of ownership in a government department for examination and approval, and as an asset transfer in the market.This leads to the mineral rights to apply for, continuation, transfer, change, and so on is cumbersome, and there is no clear standard.For the management of mining rights is main focus on the coordination.
Foreign mineral right and mineral resource assets are the two concepts, use two nouns.Mining right, mining, the title or mining, right) was conducted for a particular mines mining activities of the legal protection;Ore assets (mineral property) is in the mining of underground mineral resources, including resources/reserves, deposit, ore bodies and mineralization, abnormal, aoi, etc., is a kind of tangible assets.Countries shall have the right from the Angle of the policies and regulations to carry on the macroeconomic regulation and control, but not to micro disposal, mine simplifies the management of the cost.Let's take a look at the west's understanding of mining right.Australia's mineral rights can be divided into three categories, namely the right of exploration and mining rights and the right of evaluation.Japan mining right system is given priority to with license system, can be divided into system of drilling rights and mining rights system, drilling rights and provisions of the enterprises in the exploration area have proved mineral and is suitable for mining, mining prospecting bed by priority.
