Reflection on the Conception of Mining Right

The mining right is still a theoretical conception up to now in China.The attempts which have been academic mainstream point of view to turn mining right into real right are not so successful,because there is a lack of the reflection on the theoretical scientificalness of this conception and its validity in practice under China's national conditions.This paper suggests that we should jump out of the limitation of the conception of mining right and establish China's mining legal system with the cores of exploration right and exploitation right.The exploration right is a kind of creditor's right with the attribute of real right,and the exploitation right is an assembly of creditor's right and ownership.Only with a perfect mining administrative contract system,may we realize the harmony of protecting the interest of the mining right holder and the effective management of mineral resources.