矿业权制度的历史沿革

ON THE HISTORICAL EVOLUTION OF MINING RIGHT SYSTEM

矿业权是理论界这些年来探讨的一个比较热门的话题,也是中国市场经济不断推进的结果。从历史的角度来研究矿业权制度,认为中国历史上缺乏物权的观念,矿业权的概念只是近代才出现的;提出从确定良好的产权、严格矿业权许可、完善相关的法律规章制度等几个方面来健全矿业权法律制度的建议。更好地保护矿业权和促进矿产资源的开发,推进市场经济的发展。

Mining right has been a hot topic in the theoretical circle in these years and also the result of the progressive advances of China＇ s market economy. From the historical angle,this paper studies the mining right system and concludes that there was no concept of property right in the history of China and the concept of mining right has occurred only in the modern time. On the basis of this, the paper puts forward some suggestions to improve the laws in China, such as establishing the good property right, strengthening the mining permission and perfecting the relevant laws and regulations so as to improve the mining right law system, guarantee the mining right, promote the development of mining resources and advance the development of the market economy.