2005•Naturnal Resource Economics of ChinaRequires access

Property Right Relationship in Development of Mineral Resources

Wenju Zhang

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Abstract

Mineral resources belong to property in kind and mining rights belong to thing right. The items of administrative permission are divided in tow kinds: social campaign behavior, this kind is not restricted by quantity; use of public resources, it is restricted by quantity; conferring mining rights belong to the latter. Mineral resources belong to the generalized category of the land and mining rights belong to the capital category. Mineral resources, proprietary right of mineral resources and mining rights are three different protection objects. Three forms of transferring mining rights such as transferring, investment as equity capital and mortgaging should be confirmed, and renting mining rights should be prohibited. It is better to understand mining right as an occupying right of mining allotment.

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What this paper is about

Mineral resources belong to property in kind and mining rights belong to thing right. The items of administrative permission are divided in tow kinds: social campaign behavior, this kind is not restricted by quantity; use of public resources, it is restricted by quantity; conferring mining rights belong to the latter. Mineral resources belong to the generalized category of the land and mining rights belong to the capital category. Mineral resources, proprietary right of mineral resources and mining rights are three different protection objects. Three forms of transferring mining rights such as transferring, investment as equity capital and mortgaging should be confirmed, and renting mining rights should be prohibited. It is better to understand mining right as an occupying right of mining allotment.

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Available abstract

Mineral resources belong to property in kind and mining rights belong to thing right. The items of administrative permission are divided in tow kinds: social campaign behavior, this kind is not restricted by quantity; use of public resources, it is restricted by quantity; conferring mining rights belong to the latter. Mineral resources belong to the generalized category of the land and mining rights belong to the capital category. Mineral resources, proprietary right of mineral resources and mining rights are three different protection objects. Three forms of transferring mining rights such as transferring, investment as equity capital and mortgaging should be confirmed, and renting mining rights should be prohibited. It is better to understand mining right as an occupying right of mining allotment.

Key concepts: Property rights, Allotment, Mineral resource classification, Business, Renting, Permission, Equity (law), Natural resource economics

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