Abstract: With the development of industrial society, people's demands for the mineral resources are greater and greater. As a result, the problems displayed from this are more and more. The current legislation establishment of mining right in our country, is not only difficult to reach logical self-sustaining on the theory of the civil law, but also difficult to operate. The author of this paper tries to reconstruct the system of mining right of our country from the angle of the definition of the nature of mining right.