The Jurisprudential Analysis of Mining Right being not Usufructuary Right——Discussion on Some Issues with Pro. Li Xiandong

With the Property Law promulgating, the experts who have always advocated mining right owning to the quasi-real right turn to the position of the mining right owning to the most complete usufructuary right. Mineral resources , used up immediately with the exploitation, is the object of labor activites and cannot be returned.This is viewed as the object of the mining rights been disciplined for excuse. However, the object of the legal relationship differs in the labor of economic relations and that the object does not consume immediately during the exploitation,so it can be returned wholly . The disciplined object has been mistaked for the consumed subject . Mining rights comprise three different levels which are property rights, administrative powers, and conduct rights,all of these distinct level rights are different from each other. The author presume that we should reconstruct the concept of the mining rights as an independent mineral rights and excavating rights (mining rights).The state-owned mineral rights are transferring ownership of a particular mineral, and should be attributed to the property.