Abstract: The choice of the mining rights remise mode is the vane whether the market or the government allocates the resources.This paper reviews the change of the mining right remise mode in history, discusses the advantages and disadvantages of the market and the government in the allocation of resources, and analyzes theory meaning of resource allocation in 5 kinds of mining rights remise mode, summarizes the new changes in foreign mining rights remise mode including tender, auction, listing and prior apply for registration, and points out 3 differences between China and foreign countries mining rights remised which decide China has lost the premise condition of prior application made prospecting.Finally, the paper proposes to speed up the new rules throughout the country.