Overview on the Distribution System of Mineral Energy Ownership in China


This paper is a preliminary exploration on the attribution system of mineral energy ownership of China. In this article, mineral energy is broken down into two categories, namely, the energy minerals and the products of energy minerals. Subsequently, this paper further elaborates and makes a pectination to the energy ownership system according to the mode of acquisition of the two types of mineral energy in China.

Share and Cite:

Zhang, W. (2014) Overview on the Distribution System of Mineral Energy Ownership in China. Open Journal of Social Sciences, 2, 156-160. doi: 10.4236/jss.2014.29027.

Conflicts of Interest

The authors declare no conflicts of interest.


[1] Encyclopedia Britannica (2013) Energy, in Physics, the Capacity for Doing Work. http://www.britannica.com/EBchecked/topic/187171/energy
[2] Xiao, Q.G. and Xiao G.X. (1996) Energy Law. Law Press, p. 21. Gong, X. Q. (2008) On the Reform of Energy Law under the Background of Climate Change. China Democracy and Legal System Publishing House, p. 9.
[3] Lv, Z.Y. (2008) On Energy Law. China Electric Power Press, p. 1.
[4] Sun, H.L. (2000) Encyclopedia of China Resources Science. Encyclopedia of China Publishing House, p. 548. Liu, H. (2006) Thinkings Regarding China’s Energy Law Legislation. International Petroleum Economics. [Quoted from Huang, Z.Z., Zhao, Q.Y. and Tan B.P. (2009) Studies of China Energy Law. Law Press, p. 4]
[5] According to Appendix Catalogue of the Mineral Resources of the Rules (hereinafter referred as “Rules”), energy minerals include coal, coal-related gas, stone coal, oil shale, petroleum, natural gas, oil sand, natural bitumen, uranium, thorium, geothermal resources.
[6] Lee, G.P. and Zhou, C. (2012) Definition of Property Rights of Mineral Resources in China: A Literature Overview. Economic Issues Exploration, 6, 145-150.
[7] Mei, X.Y. (2007) Property Law Ownership. China Legal Publishing House, p. 110. (This also determined the sphere the State owns the energy, the energy that concerns sovereignty)
[8] PRC Constitution, Art. 9; Property Law, Art. 45, 46, 47, 48. Mineral Resources Law, Art. 3. Coal Industry Law, Art. 3
[9] Wu, Y. (2009) Researching on the Reform of Chinese Mineral Resources Property Rights Institution: From the Angle of Central and Local Government Decentralization. Ph.D. Thesis, Southwestern University of Finance and Economics, p. 72.
[10] Cui, J.Y., Peng C.X., Dai M.Y., et al. (2012) Study on Natural Resources Property Legal System. Law Press China, p. 37.
[11] Gao, F.P. (2000) Legal Connotation of Public and Private Ownership. Tsinghua Law Review, 3rd Series, Tsinghua University Press.
[12] Wang, J. (2003) The Legal Myth of the State Ownership: Analyses on the Corporatization of China’s State-owned Enterprises. Ph.D. Thesis, China’s University of Political Science and Law, p. 17.
[13] PRC Constitution, Art. 13.
[14] Rules, Art. 6.
[15] Id, Art. 30.
[16] MacBride Jr., W. L. and Wang B. (2001) Chinese Mining Law Overview. Energy and Natural Resources Law, 19, p. 220. [According to the Rules, Art. 6, the mining license holders of a mining right are termed “concessionaires” and the exploration license holders exploration licensee]
[17] Mineral Resources Law, Art. 34. Rules, Art. 16, 30.
[18] Zhang, W.J. (2004) Properties and Market System of Mining Rights. Chinese Economics Ge-ology and Mineral Resources, 10, 15-25.
[19] Fang, S.K. (2013) Research on the Legal System of Exploration and Mining Rights. China Legal Publishing House, p. 31.
[20] Other Regulations include “Measures for the Administration of Transfer of Mineral Exploration Right and Mining Right”, “Administration of Granting and Assigning Mining Industry Rights Tentative Provisions” and “Trading Rules for Mineral Mining and Exploration Rights (Trial Implementation)”.
[21] Administration of Granting and Assigning Mining Industry Rights Tentative Provisions, Art. 6.
[22] For example, the Announcement 2013 No.72 of MOFCOM on Total Amount, Application Qualifications and Application Procedures Concerning Brut Oil Import Quota for Non SOEs in 2014.
[23] Duan, X.M. (2012) Study of Shanxi Coal Trading Center Operations Model. Master’s Thesis, Northwestern University, p. 20.

Copyright © 2024 by authors and Scientific Research Publishing Inc.

Creative Commons License

This work and the related PDF file are licensed under a Creative Commons Attribution 4.0 International License.