国外矿业权转让规制对我国矿业权转让管理的启示

利用归纳分析法和比较分析法,分析国外矿业权转让规制,研究我国矿业权转让中存在的主要问题及其原因,提出完善我国矿业权转让管理的政策建议.建议从三个方面加以完善我国矿业权转让管理:(1)从思想观念上,充分认识到矿业权转让交易的特定性;(2)从法律制度建设上,严格限定矿业权转让交易的条件;(3)从执行力和公信力上,强化矿业权转让分类分级登记.

The Enlightenment from the Rule and Regulation of the Transfer Transaction of Mining Rights in Abroad to China

The rule and regulation of transfer transaction of mining rights in abroad was analyzed and main problems existed in China and its cause were studied through inductive analysis and comparative analysis in this paper.Then, three aspects of suggestions were put forward to improve the transfer transaction management of mining rights, which included the specificity of transfer transaction of mining rights should be fully recognized from the aspect of ideology;the conditions for the transfer of mining rights should be strictly limited from the aspect of the legal system construction;the classified registration of the transfer transaction of mining rights should be developed form the aspect of executive force and credibility.