According to the Mineral resources law, the use fee of mining rights must be charged from the owners. However, scholars can not reach an agreement on the rationality. This paper, based on the nature of use fee of mining rights, discusses the system, presents that the mining rights are usufructuary rights derived from the lands, rather than usufructuary rights derived from the right of mineral resources ownership. Therefore, mining rights use fee covers the land and mineral resources. According to the different ownership, the land ownership can be attained from the land owners, the fee can be determined through the land owners or land users by negotiation. The related rights and relationships should be handled properly.