The Qualifications of Mining Market Access and the Dominance of Mineral Right

The qualification of mining market access is the managerial right of mining,and mineral prospecting right and mineral exploitation right is the property right of mineral resources.But there is no clear division between them in Mineral Resources Law.In Administrative licensing law,it extends the administrative licensing to the distribution of property right.Company Law of the People's Republic of Chinahas authorized provision for the qualification of mining market access but has not been drew the attention and implementation.The west countries with market economy have a clear definition for the managerial right of mining and the property right of mineral resources.The paper makes a proposal that the threshold for entering into mining industry should be set up three steps: establishing enterprise,acquisition of mineral right,construction of mine.It goes on to look at that the implementation of Administrative licensing law should award the managerial franchise and license of mining.While mineral exploitation license and prospecting license should change into mineral exploitation right and mineral prospecting right license,and the system construction should unhook connections with Administrative licensing law and directly present to Real Right Law.And the administrative punishment for managerial right limitation and property right limitation should be taken different approaches to.