Abstract: Scholars hold different opinions on the nature,permission,registry and trade issues of mining right for years.The key point is the controversial articles in law and regulations concerning mining right.The mining licence contains authorization,usufruct,establishing mineral enterprise and mine construction,which are mutually unharmonious from present legal theory views.In order to solve these problems,it is necessary to study mining laws in French,Germany,Poland and other countries,and establishes the separation management model of Chinese mining right.Mining permission should be separated into mining authorization(mining market access),mining right(usufruct)and operation permit(realizing usufruct).They would be granted and registered separately by the mining authority according to applications,which would mean significantly to the nature of mining right,completion of Chinese mining legal system,as well as healthy and orderly development of mining right market.