2010•Journal of China University of Geosciences(Social Sciences Edition)Requires access

Preliminary Study on the Mineral Rights Contribution

BO Yan-na

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Abstract

It has been presented that the mineral rights can be taken as the capital element in the mineral rights market in practice.But the exceeding powers in administration and the legislative defects lead to its inadequacy.The mineral rights which originate from the ownership of mineral resources are usufructuary rights and inherent rights owned by the person who has the mining rights.The approval procedure with the nature of the administrative license in the obtainment of the mining rights cannot create rights and change the private rights nature of the mining rights,but makes the mining rights become the vested rights from the expectative rights.The mining rights holder can invest his rights freely,yet this is restricted to some extent.The nature of the relationship between the government and the investor(transferee) is the governor and the user.The function of the government includes the examination of the qualification of transferee,approval and supervision,amendment registration,etc.To make sure the mineral rights market is in good order,besides providing service and undertaking supervision,the government also has the duty to protect the private rights sufficiently.

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What this paper is about

It has been presented that the mineral rights can be taken as the capital element in the mineral rights market in practice.But the exceeding powers in administration and the legislative defects lead to its inadequacy.The mineral rights which originate from the ownership of mineral resources are usufructuary rights and inherent rights owned by the person who has the mining rights.The approval procedure with the nature of the administrative license in the obtainment of the mining rights cannot create rights and change the private rights nature of the mining rights,but makes the mining rights become the vested rights from the expectative rights.The mining rights holder can invest his rights freely,yet this is restricted to some extent.The nature of the relationship between the government and the investor(transferee) is the governor and the user.The function of the government includes the examination of the qualification of transferee,approval and supervision,amendment registration,etc.To make sure the mineral rights market is in good order,besides providing service and undertaking supervision,the government also has the duty to protect the private rights sufficiently.

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Available abstract

It has been presented that the mineral rights can be taken as the capital element in the mineral rights market in practice.But the exceeding powers in administration and the legislative defects lead to its inadequacy.The mineral rights which originate from the ownership of mineral resources are usufructuary rights and inherent rights owned by the person who has the mining rights.The approval procedure with the nature of the administrative license in the obtainment of the mining rights cannot create rights and change the private rights nature of the mining rights,but makes the mining rights become the vested rights from the expectative rights.The mining rights holder can invest his rights freely,yet this is restricted to some extent.The nature of the relationship between the government and the investor(transferee) is the governor and the user.The function of the government includes the examination of the qualification of transferee,approval and supervision,amendment registration,etc.To make sure the mineral rights market is in good order,besides providing service and undertaking supervision,the government also has the duty to protect the private rights sufficiently.

Key concepts: Reservation of rights, Business, Fundamental rights, Private rights, Government (linguistics), Rights of Nature, License, Human rights

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