Bet365 lotto review

"Enhanced the Code of the People's Code for the implementation of General Secretary Xi Jinping、Construction of the Construction of Laws and Regulations and Systems "，The "Mineral Resources Law" that is being revised as an important source of laws for civil law，Based on the relevant specifications of the Civil Code，Implement and enrich the ownership of mineral resources、Related specifications for use of beneficiary rights，Realize the effective connection with the Civil Code。

　　Specific specifications for improving the grades of ownership of mineral resources

The "Mineral Resources Law" revised in 1996 clearly stipulated that "exercise the state's ownership of the country's mineral resources by the State Council"。Since then，The General Principles of the Civil Law "and" Property Law "all specify that" the ownership of the state of the natural resources is exercised by the State Council on behalf of the state "。"Civil Code" Article 246 Under the premise of continuing the ownership of the state of the country by the state's representative of the State Council，In the second paragraph of this article, "，According to its regulations "。This "Dansh Terms"，It is the basic basis for the grades of ownership of natural resources countries，It is the basic basis for the grades of ownership of natural resources countries。For this，The "Mineral Resources Law (Draft Draft)" released in 2019 (hereinafter referred to as the "Revised Draft") provides: "，The competent department of the State Council's natural resources competent department to perform the responsibilities of the owner of the mineral resources。"But this article specifies at least the following problems: first，The content of the "owner's responsibilities" of the competent department of natural resources is bet365 Play online games not clear; second，This article does not stipulate that local government agents at all levels to exercise mineral resources，Therefore, it is still impossible to solve the legal basis that the local government exercises the right to be obviously belonging to the content of the ownership and fulfills it.。

To achieve the effective connection of the "Mineral Resources Law" and "Civil Code"，First，The "Mineral Resources Law" shall stipulate that the competent authority of the natural resource department shall perform the responsibilities of the owner in detail，Responsible for developing the right to explorat、Specific measures obtained by mining rights，Implement its transfer、Registration、License and interest distribution specific work，Make it an operator of the ownership，and "in conjunction with relevant departments responsible for the protection of national mineral resources、Examination、mining、Management and Supervision in the Mining Area Ecological Repair "and other management functions differently; second，With the General Office of the Central Committee of the Communist Party of China、The General Office of the State Council's "Guiding Opinions on Promoting the Reform of the Natural Resources Asset Property System" in the "Exploring the Establishment of the Establishment of Provincial and Municipal (Prefecture) Government Agency to exercise the ownership of the Natural Resources Assets"，The "Mineral Resources Law" should be clearly authorized to authorize all provinces、City (prefecture) People's Government acting acting exercises ownership of mineral resources。Based on this，Depending on the national property matters, it is important or not，Defined province、Municipal (local) People's Government's authority scope of exercise of ownership (such as rare earth resources、Crystal Ice Resources、Nuclear materials are important resources and important national property)，and the distribution mechanism and responsibility of the realization of equity bet365 best casino games implementation。Clearly specify the responsibility of the local ownership affairs within a certain range of local finances，Not limited to the distribution of "transfer permissions" stipulated in Article 22 of Article 22 of the "Revised Draft"。

　　Property position that embodies mining rights

"Civil Code" Article 329 clear、The nature of the beneficiary right of mining rights，In Article 325。In order to reflect the nature of the mining rights，The "Mineral Resources Law" responded to the framework of the "Civil Code" to carry out the necessary refinement and implementation，and weaken the impact of the standards of public law on the exercise of mining rights，Avoid the improper intervention of administrative power on the dispute over mineral resource resource。But the property property attributes of mining rights in the "revised draft" have not been fully demonstrated，It is shown in the following aspects。First，Insufficient private law guarantee and relief mechanism。Article 14 of the "Revised Draft"，Disputes on overwriting mineral resources，The parties cannot negotiate，"Handling by the People's Government"。Administrative organs Invoicing mining rights disputes，Article 32 of the "Property Law" does not comply with the provisions of the solution of real rights disputes，Improper deprivation of the mediation that the parties can require in accordance with the law、Arbitration、The right to litigation，The fairness and reasonable compensation that may affect the ruling，Damage to the interests of the mining owner。2，Impropy restrictions on the flow of mining rights。"Revised Draft" Article 29 Requires the mining owner to change the actual controller of the mining rights in the form of equity transfer，Also deemed to be transferred by mining rights，The registration procedures for the transfer of mining rights should be completed。This provision is contrary to the basic rules of equity transfer in the "Company Law"，The new requirements of the new requirements of the mining rights and the Bet365 lotto review market allocation do not meet the market allocation，It is not conducive to promoting the improvement of the value of mineral resources through market incentives and supervision mechanisms。

The "Mineral Resources Law" shall implement the property right attributes of mining rights，Her solution to the following problems。First，Determine the probation right、The concept and rights of mining rights transfer、Transfer system，Clear Property Protection content，The right to give the mining rights "engaged in mining or exploration activities" is independent、Volleyball status。2，Clarifying the depletion of mineral rights based on the exhaustiveness of mineral resources and distinguishes the characteristics of general use of beneficial rights，Stipulates the right to dispose of mineral products。Delow the paid characteristics of mining rights，Improve market transaction rules，Guarantee of autonomy of the operation of mining enterprises，Give the right holder's right to select the dispute solution。third，Clarifying the border of the ownership of the countries of the mineral resources，Improve the registering system for mining rights and property，Clear registered type、program、Content and legal effect，Different from the publicity of the property rights of mining rights different from administrative management means。

Improve the guarantee measures of mining rights

Mining rights and exploration、Land required for mining mineral resources (including forest land、Grassland)、The right to use the sea area is all confirmed by the "Civil Code" real right.，But the above -mentioned various rights are set up a program、Destiny duration、There are differences in paying for consideration，And it is easy to cause mining land disputes，Obstacles caused by exercising mining rights。Such contradictions still exist after the "Civil Code" takes effect。First，"Revised Draft" Article 30 stipulates that "the state establishment of mining land、Use the Sea System "，and stipulate that "the relevant people's government's natural Bet365 app download resources authority shall guarantee the mining rights in accordance with the law.、​​Rent、Investment (investing in shares) and other methods to use exploration、Land required for mining mineral resources (including forest land、Grassland)、Sea。"" This provision transferred the procedural burden on the smooth use of the mining owner to the land to the government authority，Although it is conducive to the realization of "net mines transfer"， But still failed to solve the problems existing in practice: the land demand for the mining rights owner by the administrative organ "guarantees according to law"，It does not thoroughly clarify the priority of the rights and exceptions of the rights of mining rights and other land property rights。2，Can't pass the rental、Existence、Metal negotiation methods such as price contribution (shares) to solve mining rights and land use rights、In the case of competition and conflict exercises in the seas of use rights，Still lack of specific rules for coordinating various rights exercise and resolution of disputes。

The relationship between the mining rights on the same block and the related use of beneficiary rights，Guarantee the exercise of mining rights，The Mineral Resources Law should provide effective solutions。First，Follow the principle of "market allocation resources" and "private rights autonomy"，Guide mining owners and other natural resources to use leased、Transfer (non -transfer)、discount investment and other negotiation methods，Use the land layered right、Civil rules such as setting up space and land service，Solve the problem of overlapping and utilization of mining rights and other land property rights。2，Learn from the experience of the comparative method，As Japan、Korea、Nigeria and other countries' practices，Clarify the rights of mining rights to obtain priority to obtain land and use the sea，Mineral Resources competent departments have the responsibilities that guarantee their realization on permit conditions and procedures。

　　Clarify the adjustment and exit rules of mining rights under the "green principle"

The "saving resources and protecting the ecological environment" stipulated in Article 9 of the Civil Code is the basic requirement for civil subjects to engage in civil activities。2019 General Office of the Central Committee of the Communist Party of China、The General Office of the State Council "Guiding Opinions on the Planning for the implementation of three control lines in the planning of land and space" is the most stringent ecological environmental protection system、Important measures for the protection system and land use system，Its specific implementation may lead to the change and termination of the mining rights that have been obtained in the industry。

The Mineral Resources Law should be on the specific rules，Solving the exit of mining rights caused by the implementation of land and space planning and ecological protection red line、Compensation and ecological restoration responsibility allocation issues。First，According to the "Green Principles" in Article 9 of the Civil Code and Article 244 "Special Protection of Cultivation of Cultivation Land"，It is clearly stipulated in the land and space planning system，Mining rights exercise such as the ecological red line、Permanent basic farmland protection occurs，The principle of "ecological priority" and "protection priority" should be used，Realize the adjustment and exit of mining rights by the way of recovery or acquisition of rights。2，Clarify the conditions and procedures of the withdrawal of mining rights at different ways，Including public announcement in the scope of mining rights adjustment、Mining rights value assessment that recovered or collected、Mining right compensation method、Specific rules such as the cancellation or change of mining rights。third，Clarify the responsibility for the restoration of the ecological environment after the mining rights exit，It is stipulated that the government -led bet365 Play online games environmental recovery governance organizational and acceptance work。Considering the method of mining rights、The reason for exit、Standards for mineral rights compensation，Fairly allocated related obligations between mining rights owners and mineral resources owners。

　　(This article is the Study of Natural Resources Utilization of Natural Resources Utilization in Green Development "(18BFX183) phased achievement)

(Author Unit: School of Law, Fujian Normal University)