变革探矿企业优先权的经济分析——兼议矿产资源法第六条的修改

Economic Analysis to Change Priority of Prospecting Enterprise——Discussion on modification of Article 6 in mineral resources law

论述了探矿企业优先取得该区采矿权,旨在节约交易成本和信息成本而吸引投资。但作为其立法取向,会限制进入而形成垄断和寻租。损害了社会公平和公众利益,企业在市场外配置的被动获取和信息隐蔽的秘密窃取资源是国有资产流失和浪费的通道。采矿企业设立时的行政特许权给民事优先权让道而出现行政管制的缺位,造成无法补救的后果。

The aim that prospecting enterprises obtain mining right in the area is to save trade and information costs to attract investment. But as legislation orientation, it would limit access to form monopoly and lease. Especially, it protects the legal person＇ s welfare and at the same time it infringes social fairness and public interest. Passive acquisition of enterprise outside the market and stealing recourses secretly by information are loss and waste channels of stated-owned assets. It lacked of administrative control because that the administrative concession gave way to the civil priority as mining enterprises were founded, resulting in irreparable consequences.