矿产资源开发中的财产权关系

Property Right Relationship in Development of Mineral Resources

矿产资源属于实物性财产 ,矿权属于物权。行政许可事项分两类———社会活动行为 ,无数量限制 ;公有资源占用 ,有数量限制 ;矿权授予属于后一类。矿产资源属于广义“土地”范畴 ;矿权属于资本范畴。矿产资源、矿产资源所有权、矿权是三个不同的保护对象。应肯定矿权转让、投资入股、用作抵押三种流转形式 ,禁止“矿权出租”。矿权宜理解为矿产地占用权。

Mineral resources belong to property in kind and mining rights belong to thing right. The items of administrative permission are divided in tow kinds: social campaign behavior, this kind is not restricted by quantity; use of public resources, it is restricted by quantity; conferring mining rights belong to the latter. Mineral resources belong to the generalized category of the land and mining rights belong to the capital category. Mineral resources, proprietary right of mineral resources and mining rights are three different protection objects. Three forms of transferring mining rights such as transferring, investment as equity capital and mortgaging should be confirmed, and renting mining rights should be prohibited. It is better to understand mining right as an occupying right of mining allotment.