Abstract: The reasonable transfer of rights of exploring and exploiting mineral resources is the assurance of scientific and rational utilization of mineral resources. In this paper, the author pointed four existing legislation problems about transferring of rights of exploring and exploiting mineral resource, which are legislation allowed for the positioning of government functions, prospecting people's priorities, the mining provisions of collective enterprises, individuals and foreign investment and the two different ways of transferring of rights of exploring and exploiting mineral resources. And which also proposed the corresponding legislative changes in order to further improving the legislation.