论民国时期矿产资源法律制度的发展历程及其经验教训

Development and Lessons from Mineral Resource Legal System in Republic of China Period

民国时期矿产资源法律制度的发展经历了沿用时期、创建时期和完善时期,不同时期各具特点:沿用时期援用了首次与国际矿政接轨的晚清矿务章程;创建时期首次提出了矿业权的概念,把以往中国传统的矿业管理思想、理念、制度等提升到"矿业权"的高度;完善时期根据社会发展需要不断修改完善法律制度。通过对其中两部重要法律制度的分析,总结其经验教训,这对进一步完善当前的矿产资源法律制度有重要借鉴意义。

The development of the mineral resource legal system in the period of Republic of China （1912-1949） experienced the stages of continuing to use, founding and improving, all of which had different characteristics. At the first stage, mining rules of the late Qing Dynasty were employed that followed the international mining administration. At the second stage, the concept of mining right was put forward for the first time, promoting the traditional thoughts, ideas and system of mining industry management to ＂the mining right＂. And at the third stage, the legal system was constantly revised and improved according to the requirements of social development. An analysis of two important legal systems and a summary of the experiences and lessons are of significance for further improving the present mineral resource legal system.