Abstract: In 2017, China promulgated the latest National Economical Industry Classification and in 2018 revised the rules of Provisions on the Division of Three Industries(2012).The mining is divided into mining industry and geological prospecting industry, which belong to the second industry and the tertiary industry respectively.This division violated the law of development in mining industry and did not meet China situation and international common practice.Thus, it went against identification of China's developing country and influenced the development of China's commercial exploration market and resource security.The competent department of mining could not simplify administrative procedures in full swing, which caused the heavy tax burden of mining enterprises and couldn't made themselves international.Therefore, the exploration of overseas resources and investment projects have a higher rate of failure and lower yields.It is urgent to classify the mining industry according to the development law.