Mining right management is the core part of mining right management. It is not only the most critical link of income distribution of mineral resources development, but also an important part of dealing with a series of contradictions brought by mineral resources development. With the continuous spread of the economic crisis and the uncertainty of the expectation of economic downturn, the contradiction between "demand and allotment" of mining rights has been eased. However, new problems and new contradictions continue to appear, which make us have to re-examine the mining rights to increase institutional reserves.

"Two rules" and "two rules" act on mining right together

The current situation of mining right supply is the result of the interaction of metallogenic law, market law, legal rules and administrative rules.

"Metallogenic law" determines that there are less large and medium-sized mines and more small mines in China; there are more underground mining and less open-pit mining; in addition to brick clay and building stone minerals, there are more mining rights in the Midwest and less in the East.

China is located in the convergence zone of several plates and affected by several different geotectonic units, which creates good geological and structural conditions for the formation of diverse minerals. However, the formation and distribution of endogenetic deposits are closely related to plate tectonics, and the main metallogenic zones are mostly located in the margin of ancient landmass. It is because of the above factors that China has become a large country of mineral resources.

From Archean to Quaternary, it has experienced six major tectonic movements, each of which is accompanied by magmatic activity, sedimentation and mineralization, which determines the complex and diverse historical process of mineralization and the basic pattern and characteristics of rich and colorful minerals in China. The types and scales of ore deposits in different metallogenic domains are different. In addition, the distribution of mineralization in time in the whole country and in different tectonic metallogenic regions (belts) has certain laws. Because of different geological environments, each metallogenic area (belt) has different metallogenic characteristics. From Archean to the new generation, there are three peak periods of orogeny, that is, there are three metallogenic peaks. The orogenic belt has become the An important enrichment zone of large and super large deposits. Each metallogenic peak and low peak always occur alternately. The metallogenic low peak period is long, but the peak period is short, and then the metallogenic scale is different. There are less large and medium-sized mines, more small mines; there are less open-air mines, more underground mines; at the same time, the metallogenic mineral enrichment is different in each metallogenic peak period, so the metallogenic types are different.

The multi-stage tectonic movement is more obvious in the central and western regions. The multi-stage tectonic magmatic sedimentary metallogenic superimposition, especially in the central and western regions, is strongly influenced by the Mesozoic Cenozoic era of the important metallogenic period. Energy and salt mineral resources are extremely rich, while other mineral resources are relatively rich. The central and western regions have become the focus and distribution of mineral resources in China, and also become an important energy and mineral resources supply base in the eastern region. However, due to the constraints of geographical location and geological exploration technology, the geological exploration in the central and western regions has been relatively backward.

In recent years, with the development of geological survey, great progress has been made in the evaluation of mineral resources in the orogenic belt of central and Western China, and significant breakthroughs have been made in both the scale and types of mineralization. Under the condition that the contradiction between supply and demand of mineral resources is increasing and it is difficult for the eastern region to break through quickly again, the central and western regions shoulder the responsibility of mineral resources supply, and the setting of mining rights is more in line with the national conditions.

"Market law" determines that more agreements and bidding, auction and listing are sold and less others are sold; there are more mining rights for brick, tile, clay and building stone, and less mining rights for other minerals.

Due to the scarcity of mineral resources, the price mechanism, supply and demand mechanism, competition mechanism and decision-making mechanism of market economy act on mineral resources together. With the rapid development of China's economy and the acceleration of industrialization and urbanization, especially since entering the new development stage of building a moderately prosperous society in an all-round way, the demand and consumption of various mineral resources have increased substantially, the contradiction between supply and demand of mineral resources has become increasingly prominent, and the overall level of mineral resources protection is insufficient.

Consumption is the internal requirement of economic development. Marx pointed out: "without need, there is no production. And consumption reproduces the need. Keynes also said: "the need for consumption determines production." On the one hand, the rapid development of China's economy has continuously provided a large number of cheap and beautiful products for all countries in the world. For a long time in the future, China will still be at the peak of the use intensity of mineral products, and economic growth will still generate a huge demand for mineral raw materials, which is further intensified by the huge population base of China. With the deepening of the contradiction between supply and demand of mineral resources, there are more profit opportunities for mineral resources development. In the case of not increasing the profit cost or raising it very little, the profit level of mineral resources development keeps improving, so it is necessary for mineral resources development to become the "Darling" of the market.

Market economy needs to allocate resources through market supply and demand. Its typical characteristics are competitiveness, survival of the fittest and the basic role of market dominated resources. In the case that the mining right market is not perfect, in order to further develop the competition mechanism, seek the Pareto optimal value of mineral resources, and let the market allocate resources, the bidding, auction and listing transfer method of mining right gradually emerges. In the case that there is no better mining right transfer method at present, the bidding, auction and listing transfer method naturally becomes the "main" way of mining right transfer. On the other hand, in the past 40 years of reform and opening up, investment, as one of the "troikas" to promote economic growth, has been playing an important role in stability. A large amount of investment in infrastructure construction has a very strong demand for brick, tile, clay and building stone (sand and stone aggregate). However, these mineral resources are relatively sufficient and their profits are relatively thin, so they are not suitable for long-distance transportation. Compared with other mining rights, the mining rights of brick, tile, clay and building stone are also reasonable. However, in the process of ecological civilization construction, the supply of brick, tile, clay and building stone (sand and stone aggregate) is tight and the price is skyrocketing, which does not mean that these resources are not enough, but that the local government has adopted a "one size fits all" policy in the implementation process. The emergence of this situation has nothing to do with the "allotment number" of mining right, nor with the mineral resource management policy.

"Legal rules and administrative rules" determine that local governments approve more mining rights, while the uncertainty of effectiveness restricts the investment impulse of mining right holders.

Generally speaking, legal rules refer to the generally binding rules of conduct formulated or recognized by the state, which stipulate people's rights and obligations and guarantee the implementation with the state's compulsory force. "Managing mines according to law" mainly refers to "managing mines according to laws and regulations". Administrative rules generally refer to the norms formulated by administrative organs, which have universal influence on administrative counterparts within a certain range, including administrative regulations, rules and administrative normative documents.

According to the constitution, mineral resources are owned by the state, that is, by the whole people. The law of mineral resources and the detailed rules for the implementation of the law of mineral resources stipulate that "mineral resources belong to the state, and the State Council shall exercise the ownership of mineral resources by the state". Meanwhile, the responsibilities and authorities of the competent departments of Geology and mineral resources of governments at all levels are clearly divided. However, the notice on regulating the authority of exploration license and mining license and other documents further increased the approval right of local governments.

In fact, the State Council, on behalf of the state, exercises the ownership of mineral resources and authorizes the local administrative departments at all levels through entrustment or in the form of laws and regulations. The local governments shall manage and protect mineral resources in accordance with the law. In the process of the game between the central and local interests in the management of mineral resources development, based on the principle of equal responsibilities and rights and the consideration of administrative efficiency, local governments gradually occupy a dominant position in the examination and approval of mining rights.

Under the current management system of classification and classification of mineral resources, classification and block, classification and governance, resulting in a number of non exhaustive differences between classes, and between classes. In the process of mining mineral resources, the division of multi categories and multi-level rules will inevitably lead to the difficulty of legal rules and administrative rules supporting such a large number of minerals and administrative levels independently. And when the administration collides with the law, the administration is often greater than the law, and there is a big uncertainty between the legal rules' due effect and the actual effect. The legal rules often appear "incompetent" in front of the free administrative rules as a means, which mainly shows that the due effect cannot reach the actual effect, and the legal rules lose their significance. Mining right holders are at a loss, either seeking to exploit mineral resources "faster, higher and stronger", or slowing down the "impulse" of investment and seeking to preserve capital.

Several suggestions

With the rapid development of economy and society, the demand for mining mineral resources will continue to increase. Mining of mineral resources has constantly triggered multi-party interest games and demands. Under the premise of deregulation, we need to actively supply relevant systems of mining right management, ensure the legality, rationality, science and efficiency of mining right management, and ensure the sustainable supply of mineral resources and the harmony of resource environment. Therefore, the author suggests that:

It is suggested to further improve the system of bidding, auction, hanging out and concession of mining right, regulate the threshold of mining right by classification and differentiation, and implement a stricter system of mining right examination and approval.

According to the current system of bidding, auction and hanging out of mining right, the county-level natural resources department needs to invest to organize the preparation of geological data and other relevant basic work before granting the county-level mining right. However, it is impossible for the local governments at the county level to advance funds to carry out relevant work. The bidding and auction of mining right has become the transfer to the interested parties, especially for the bidders who want to reach an agreement with the land user on the land issue. Such bidding and auction of mining right is only a form, which fails to achieve the purpose of "bidding and auction". At the same time, the paid acquisition threshold of mining right is low, which can not effectively curb the behaviors of mining right holders, such as "running horse to encircle the land", speculation and speculation of mining right, and it is difficult to form a reasonable withdrawal mechanism of mining block. It is suggested to reform the transfer system, access system and approval system of mining right. We need to refine the regulations on bidding, auction, hanging out and letting out of mining right, and accelerate the purification of mining right market; we need to establish a floating tax system on mineral resources, improve the tax collection ratio of mineral resources, and ensure the realization of the national ownership value of mineral resources; we need to classify and regulate the access conditions of mining right applications for important minerals and general minerals, so as to ensure that the access threshold of mining right for general minerals is not Under the premise of lowering, the entry threshold of mining right for important minerals should be raised appropriately, and differentiated classification criteria should be formulated according to the degree of shortage and the way of differential treatment.

It is suggested to fully exploit the efficiency of mining right trading market platform and limit the qualification of transferee of mining right transfer.

Release the information of qualified units, mining right holders, mining right granted and mining right not yet granted nationwide, regularly release the mining right information to be granted by the government, guide the mining right holders to release the mining right information transferred or expected to be transferred, make the mining right holders more dependent on the mining right market, and promote the formation of the tangible market and online trading market of mining right. Development. At the same time, in order to ensure the rational exploitation and comprehensive utilization of mineral resources and the protection of geological environment in mining areas, and to promote the transformation of mining industry from extensive to intensive, especially in the central and western regions, which are not only the source areas of many rivers and lakes in China, but also the vulnerable areas of ecological environment, in view of the characteristics and natural conditions of mineral resources in the central and western regions, it is necessary to reduce the number of mineral resources in the development process. Disturbance effect on the environment. In the legal and administrative rules for the transfer of mining right, the qualification of the transferee of mining right should be specially limited, that is, from the working years, the amount of assets, the comprehensive utilization of resources, the level of operation and management, whether there is any illegal record and whether there has ever been a major mine safety accident, so as to "hype" the "incompetent mining" of mining right. People turn away.

It is suggested that according to the state's demand for different mineral resources and the size of the deposit, different holding years of mining right should be implemented.

With the improvement of the mechanization of mining equipment, the original mining right period of small, medium and large-scale deposits is 10 years, 20 years and 30 years respectively. However, due to the different market demand of different mineral resources and the different scale of deposits, this fixed term limit is the product of the planned economic system, which is not suitable for the profit-seeking nature of capital under the market economic system, nor for the new one. Mining equipment and mining technology rarely fail to complete the "mining volume" set in the mining right period, but the mining volume far exceeds the "mining volume" set in the fixed period, or the mineral resources are mined out faster. In the case that the tax on mineral resources has not been fully adjusted and the fund system for recovery of mine geological environment has not been fully established, it will only cause more "illegal mining", or leave a lot of holes in the geological environment of the mine that need the government to transfer financial funds for governance, as well as more complaints from the people in the mine area to the government. Therefore, no matter from the perspective of metallogenic law, market law, law and administrative rule, it is necessary to implement different holding years of mining right according to the demand of different mineral resources and the size of deposit scale, instead of a single fixed term limit.

conclusion

In a word, under the condition of market economy, the management cost of mining right is still very high. Under the current situation, even if the legal and administrative rules are further improved, there is still a long way to go to realize the real "fair, open and just" management of mining rights, but this management trend is inevitable.

Source: mineral resources reserves evaluation center of the Ministry of natural resources