ZHANG Linghan. The systemic governance of mining rights in the Civil Code[J]. CHINA MINING MAGAZINE, 2021, 30(3): 14-17. DOI: 10.12075/j.issn.1004-4051.2021.03.028
    Citation: ZHANG Linghan. The systemic governance of mining rights in the Civil Code[J]. CHINA MINING MAGAZINE, 2021, 30(3): 14-17. DOI: 10.12075/j.issn.1004-4051.2021.03.028

    The systemic governance of mining rights in the Civil Code

    • China's Civil Code provides systematic governance of China's mining rights system.In terms of the nature of rights, the Civil Code establishes the properties of usufruct of mining rights, which helps the relevant amendments to the Mineral Resources Law to eliminate the conflict between the mining rights system and the factors of property rights.With regard to the transfer of mining rights, the establishment of the green principle in the Civil Code makes compliance with the protection of ecological resources an effective element of the contract for the transfer of mining rights; while rights transferring needs to comply with the principle of distinction in the change of property rights.The Civil Code establishes how to determine the responsibility for environmental damage caused by mining and excavation and how to allocate losses.The promulgation of the Civil Code is a systematic governance of mining rights system, it is a significant milestone for the future development of China's mining rights system.
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