关键词: 河道砂石, 河道采矿管理, 权属

Abstract: In China, river sand is gradually becoming the scarce resource. However, due to lack of relevant normative documents and rights arrangement research concerning sand-excavating management, the disorder of sand excavation management is becoming more and more serious. Apart from this, the stability of river and dike safety is also seriously threatened. This paper is aimed at discussing the river sand’s double attributes, the system of river sand-excavating as well as the differences in the process of managing the river sand under the two attributes. It analyzes the current situation and the existing problems concerning the river sand rights arrangement and summarizes the implementation effect of "Yangtze River channel sand excavation management regulation" promulgated by the State Council. On this basis, the paper further analyzes objective requirement and basic principles of river sand excavation rights arrangement and puts forward the institutional framework of it, which includes, the right of disposition of the river sand excavation must be given to the corresponding river management authorities; the river sand excavation management should implement the Chief Executive Responsibility System; the profit right of the river sand excavation in principle should be owned jointly by the county and municipal governments along the river; and the income distribution plan should be attributed primarily to the corresponding river management authorities.

Key words: rights, river sand, river sand-excavating management