矿业权不同转让方式比较

    Comparison of different transferring patterns of mining rights

    • 摘要: 矿业权指向物及其价值的不确定性,使矿业权成为一种风险很高的权利。同时,这种权利的价值,往往难以被清晰、准确地界定,从而使矿业权的交易费用高昂。本文在揭示矿业权和矿业权交易的特殊性的基础上,从新制度经济学的视角,总结了矿业权转让的各种方式,着重分析了这些方式的利弊及其适用的条件,得出立法机构所立之法应该是有利于促进矿业权的自由交易,而不是为这种交易设置诸多限制的结论。

       

      Abstract: As a result of the uncertainty of the materials and its value adhered to mining rights, the rights are the ones with very high risks. Furthermore, the rights' transaction costs are very high, for the value of the rights is often difficult to be defined clearly and accurately. Based on the revealing of the particularity of mining rights and its transactions, this paper summed up the transferring patterns of the rights according to new institutional economics' view, and emphatically analyzed the advantages and disadvantages of the different patterns as well as its applicable conditions, which came to the conclusion that the laws should promote the liberal exchange of mining rights and not impede it.

       

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