2009•Journal of Kunming University of Science and TechnologyRequires access

On Rights Distribution of Mineral Resources

Xia Jin

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Abstract

In our country,mineral resources are public properties and belong to the country as a whole.Itis not assignable and not transferable according to the law in operation.The delivery of mineral resources relies on transfer of mining rights including jus in re propria and jus in re aliena.In fact,the nature of the transfer of mining rights,especially the transfer of exploitation right is the transfer of the ownership of mineral resources.This article holds that in order to separate property management from resources management,it is possible to permit transfer of the ownership of mineral resources to regulate mining rights as a method of resources management,i.e.an administrative franchise,and to form a new system of rights distribution in which private rights and public rights are coexisting.

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What this paper is about

In our country,mineral resources are public properties and belong to the country as a whole.Itis not assignable and not transferable according to the law in operation.The delivery of mineral resources relies on transfer of mining rights including jus in re propria and jus in re aliena.In fact,the nature of the transfer of mining rights,especially the transfer of exploitation right is the transfer of the ownership of mineral resources.This article holds that in order to separate property management from resources management,it is possible to permit transfer of the ownership of mineral resources to regulate mining rights as a method of resources management,i.e.an administrative franchise,and to form a new system of rights distribution in which private rights and public rights are coexisting.

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Available abstract

In our country,mineral resources are public properties and belong to the country as a whole.Itis not assignable and not transferable according to the law in operation.The delivery of mineral resources relies on transfer of mining rights including jus in re propria and jus in re aliena.In fact,the nature of the transfer of mining rights,especially the transfer of exploitation right is the transfer of the ownership of mineral resources.This article holds that in order to separate property management from resources management,it is possible to permit transfer of the ownership of mineral resources to regulate mining rights as a method of resources management,i.e.an administrative franchise,and to form a new system of rights distribution in which private rights and public rights are coexisting.

Key concepts: Property rights, Business, Mineral resource classification, Franchise, Law and economics, Distribution (mathematics), Natural resource, Order (exchange)

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