The Argumentation of Legal Principle on the Right of Mining Industry Unfit into the Law of Real Right——With Discussions on Nihility of the Right of Mining Industry

research project on modifying the The Law of Mineral Resources that China University of Political Science and Law undertakes emphasizes that the right of mining industry should be brought into The Real Right.However,the accounting about the characteristics,structure and law relationship of the right of mining industry in the research project are excluded from the Law of Real Right.In this paper,the demonstration from the analysis of legal principle mainly focuses on the conflict resulted from the nihility of the Right of Mining Industry,and the polyhedron of virtual power resulting in the one-sided view.Then it is pointed that The Right of Mining Industry can be resolved into two independent rights: the mineral right and the right of mineral exploitation.Meanwhile,the mineral right can be placed into the law of real right while the right of mineral exploitation belongs to the adjustment of The Law of Mining Industry in public law.Therefore,the right of mining industry can not be brought into the Law of Real Right,and its existence and creation are against the law.