法律英语在线翻译---在线等(不要网上在线翻译的)

采矿权抵押最为一种高效的矿产资源利用方式,是矿业权流转的主要方式之一,已经运用于实践当中,并且在很多地区已初见成效。但是一方面,目前还没有与之相关的矿产资源法和担保法上的... 采矿权抵押最为一种高效的矿产资源利用方式,是矿业权流转的主要方式之一,已经运用于实践当中,并且在很多地区已初见成效。但是一方面,目前还没有与之相关的矿产资源法和担保法上的相关规范及其他相关法律法规的规范,存在法律真空,另一方面,在实行中也面临着实现障碍问题。因此,系统研究采矿权抵押问题,对确保采矿权合理流转,规范采矿权流转市场,促进矿产资源的可持续利用具有重要意义。
本文在客观评价我国采矿权抵押现状的基础上,具体分析了采矿权的法律属性,指出采矿权抵押的合法性和可行性。并在分析和借鉴域外采矿权抵押立法和时间的成功经验的基础上,指出了我国采矿权抵押实践中存在的问题,进而对我国采矿权抵押市场的发展与完善提出了一些初浅的对策。
本文的主要研究内容如下:
(1)概述。综合分析我国采矿权流转市场的沿革和现状,探讨我国采矿权流转市场存在的问题,在此基础上分析采矿权抵押的重要意义:矿产资源优化配置的需要、矿业企业融资的重要途径、健全采矿权市场的途径之一、作为社会融资的一种手段间接促进经济繁荣,并进一步论述了本课题研究采矿权抵押相关法律问题的重要意义。
(2)分析采矿权抵押的法学理论基础。分析采矿权的性质,从物权法、担保法的角度对采矿权抵押进行探讨。
(3)考量域内外采矿权抵押立法与实践现状。分别从立法对采矿权抵押的一般规定、采矿权抵押评估体系和采矿权抵押登记制度三个方面,对域内外采矿权抵押立法与实践现状做了深入研究。总结了域外成功的经验,以及对我国推行采矿权抵押立法和实践的启示,
(4)结合实例分析了我国采矿权抵押的几个法律问题:采矿权抵押的相关立法缺失、采矿权评估体系不完善、采矿权抵押登记制度不完善和抵押权的实现受到限制等四个方面。
(5)综合域外采矿权抵押好的制度和我国采矿权抵押现实,从完善采矿权抵押相关立法、完善采矿权评估体系、完善采矿权抵押登记机关和构建配套制度确保矿业抵押权的实现四个方面,对解决我国采矿权抵押中的几个法律问题提出了一些对策。
展开
 我来答
匿名用户
2010-05-14
展开全部
Ore reserves the right to charge the most efficient utilization of mineral resources, is the main mining rights transfer one, has been applied in practice, and in many regions has been adopted. However, on the one hand, there is no associated mineral resources law and guarantee law related specifications and other related laws and regulations of the specification, there is a legal vacuum, on the other hand, in the implementation of the face obstacles to implementation. Therefore, the system of mining rights mortgage problems, ensuring a reasonable turnover of mining rights, specification and mining rights transfer market, promote the sustainable utilization of mineral resources. This article on an objective evaluation of mining rights in China on the basis of mortgage, specific analysis of the mining right of property, pointed out that the legitimacy of the mining right of mortgage and feasibility. And in the analysis and reference domain outside the mining rights mortgage legislation and the time of success on the basis of experience, pointed out that the practice of Chinese mining rights mortgage problems, turn on the right of mortgage market in China mining development and perfection made some preliminary measures. This article's main research activities are as follows: (1) overview. A comprehensive analysis on mining rights transfer market evolution and the current status of our mining rights transfer market problems, on the basis of that analysis and mining rights secured important mineral resources needed, mining enterprise financing of important ways, healthy markets way, as a means of financing indirectly promoting economic prosperity, and further research on this subject was discussed mining rights mortgage-related legal issues of significance. (2) the analysis and mining rights secured by law. Analysis of the mining right of nature, from the angle of the guaranty law, on the mining right of mortgage. (3) considerations both inside and outside the domain of the mining right mortgage legislation and practice the status quo. From legislation on mining rights the General provisions of the mortgage, the mortgage evaluation system and mining rights mortgage registration system in three areas, both inside and outside the domain of the mining right mortgage legislation and the practice of doing in-depth research on the current situation. Summarizes the extra-territorial successful experience, as well as of mining rights mortgage legislation and practice, (4) is a combination of the mining right of mortgage problems: mining rights mortgage legislation missing, evaluation system was not perfect, mortgage registration system is not perfect, and mortgage rights restricted the four aspects. (5) comprehensive domain outside the mining rights mortgage system and mortgage reality mining rights in China, from the perfection of the mining right of mortgage-related legislation, improving mining rights assessment system, improving mining rights mortgage registration authorities and the construction of the ancillary system ensure mining mortgage four aspects of the implementation of the resolution, the mining rights secured in the legal problems raised several countermeasures
雪5969
2010-05-14 · TA获得超过2625个赞
知道小有建树答主
回答量:628
采纳率:0%
帮助的人:518万
展开全部
Most mining rights secured an efficient way of exploiting mineral resources, is one of the main mining rights have been used in practice, and has achieved initial success in many areas. But on the one hand, there are no guarantees associated with law on mineral resources and related specifications and other relevant laws and regulations, norms, there is a legal vacuum, on the other hand, in practice they also face barriers to achieve. Therefore, the system of mining rights in mortgage problems, the mining rights to ensure proper circulation, regulate transfer of mining rights market, promote the sustainable use of mineral resources is important.

    In this paper, objective assessment of the status of our mining right mortgage based on the specific analysis of the legal property of the mining right, mining right mortgage that the legitimacy and feasibility. And to analyze and learn from foreign mining rights in mortgage legislation and the time of successful experiences, points out our Mining Right Mortgage problems in practice, and then on the China Mining Right Mortgage market development and improvement of Ti Chule number of diffusion of countermeasures.

    This article mainly includes the following:

   (1) Overview. Comprehensive analysis of the evolution of the mining rights transfer market and current situation of transfer of mining rights in China market problems, in this based on the analysis of the importance of security of mining rights: the need for optimal allocation of mineral resources, mining, corporate finance an important way to improve mining the right to market one of the ways, as a means of indirect social financing to promote economic prosperity, and further discussed the issue of mining rights in mortgage-related importance of legal issues.

   (2) of mining rights in collateral law theory. Analysis of the nature of mining rights, from property law, security law, mining rights perspective to discuss security.

   (3) consideration of mining rights within and outside the secured status of legislation and practice. Legislation on mining rights were secured from the general provisions, mining rights and mining rights assessment system mortgage mortgage registration system, three aspects of the mining rights within and outside the secured status of legislation and practice, made a thorough research. Summarizes the successful experiences of extra-territorial, as well as the right to mortgage our country to implement legislation and practice of mining inspiration

   (4) It analyzes the security of mining rights in China several legal issues: the right to mortgage-related legislation mining missing, incomplete evaluation system of mining right, mining right mortgage and mortgage registration system is flawed and subject to restrictions on the realization of four .

   (5) extra-territorial mining rights consolidated mortgage good mortgage system and the reality of our mining rights, mining rights from the perfect mortgage-related legislation, improve the assessment system of mining right, mining right mortgage registration authorities improve and build supporting systems to ensure the realization of the four mining mortgage aspects of mining rights in China pledged to resolve several legal issues in a number of measures.
已赞过 已踩过<
你对这个回答的评价是?
评论 收起
czb18138
2010-05-15
知道答主
回答量:39
采纳率:0%
帮助的人:23.6万
展开全部
An efficient mining mortgage the utilization of mineral resources, it is one of the main ways for the transfer of mining right, has been used in practice and in many areas has produced results. But on one hand, yet related mineral resources and the related standard security law and other relevant laws and regulations, the standard legal vacuum, on the other hand, the implement of realization is also facing problems. Therefore, the system of mining, to assure the mortgage right or mining right market, regulate circulation, promote the sustainable utilization of mineral resources is of important significance.
Based on the objective evaluation of mining mortgage status, and on the basis of analyses the legal attribute of mining right, points out the mortgage of the mining right legality and feasibility. And in the analysis and from mining and the time of the mortgage legislation based on the successful experience in mining, points out the problems existing in the practice of mortgage of China, and the mining right mortgage market development and perfection, puts forward some preliminary measures.
The main research contents are as follows:
(1). Comprehensive analysis of the mining right circulation market in China, discusses the history and present problems existing in the mining right circulation market, on the basis of analyzing the significance of mining right mortgage: mineral resources optimization allocation, the mining enterprise financing needs of the mining right market, and is an important way to one of the ways, as a means of financing indirect prosperity and further discusses the research of mining mortgage related laws of the important significance.
(2) analysis of the mortgage of the mining right legal theory. From the analysis of the nature of reality, mining, security law Angle to the mining right mortgage is discussed in this paper.
(3) considerations and mining field legislation and practice of mortgage. Respectively from the legislation on the mortgage of the mining right, the general provisions mortgage assessment system and mining mortgage registration system from three aspects of domain, legislation and practice and mining mortgage status. Summarizes the success experience, and outside of the implementation of mining right mortgage legislation and practice of enlightenment,
(4) combined with examples, analyses the mortgage of the mining right legal problems: mining several related legislation, mortgage mining right evaluation system is not perfect, the mortgage registration system is not perfected and the implementation of hypothec restricted from four aspects.
(5) outside the comprehensive system of mining right and mining mortgage good from reality, perfecting mortgage related legislation, perfecting mortgage or mining right evaluation system, perfecting mortgage registration authority and mining right supporting system to ensure the realization of the four aspects of the mining hypothec mortgages to solve our mining, the several legal issues, puts forward some countermeasures
已赞过 已踩过<
你对这个回答的评价是?
评论 收起
火火眼人
2010-05-18
知道答主
回答量:78
采纳率:0%
帮助的人:14.9万
展开全部
tfhfttftftff
已赞过 已踩过<
你对这个回答的评价是?
评论 收起
收起 更多回答(2)
推荐律师服务: 若未解决您的问题,请您详细描述您的问题,通过百度律临进行免费专业咨询

为你推荐:

下载百度知道APP,抢鲜体验
使用百度知道APP,立即抢鲜体验。你的手机镜头里或许有别人想知道的答案。
扫描二维码下载
×

类别

我们会通过消息、邮箱等方式尽快将举报结果通知您。

说明

0/200

提交
取消

辅 助

模 式