矿业权是一种私权,由探矿权和采矿权构成,其具有物权的属性。因此,学界对将矿业权纳入《物权法》范围进行调整还是对《矿产资源法》进行完善仍由《矿产资源法》进行调整产生了争议。然而无论由哪一部法律对其进行调整,对矿业权的完善是必要的,对矿业权立法的完善可以为矿业权的流转提供一个良好的环境。 Mining right is a kind of private right, which consists of exploration right and mining right, which has the property right property. Therefore, there is controversy over how to adjust the mining rights into the scope of the “Property Law” or to perfect the “Mineral Resources Law”, which is still regulated by the “Mineral Resources Law.” However, no matter which law is to be adjusted, it is necessary to perfect the mining right. Perfection of mining right legislation can provide a good environment for the circulation of the mining right.