关键词: 矿业权, 《矿产资源法》, 矿业权制度

Abstract: This paper clarifies the concept and nature of mining rights, analyzes its legal essence, discusses its issues and presents suggestions on revising mining rights in Mineral Resources Law. Mining rights system is an “administrative license plus contract” under the governmental supervision, but deficiencies emerge as reform goes forward and economy develops, with many contents lagging behind marketing reform, leading to insufficient market competition, hardly guaranteed legal rights, confused contracts, and unreachable contract effectiveness. This paper presents proposals on differentiating state ownership and managing rights of mineral resources, separating rights registry and license approval, cancelling mining rights transfer approval and making a competitive bidding of mining rights. 

Key words: mining rights, Mineral Resources Law, mining rights system