This paper introduces several theoretical issues that are inevitable to avoid in the amendment of Mineral Resource Law. The specific issues include:changing the administrative examination and approval of mining right into ownership registration so as to highlight its real right attribute;paying attention to relationship balance between public law and application of the private law;making clear the priority of the licensee of exploration, that is to directly obtain mining right in accordance with the application; changing administrative examination and approval of the subject qualification of mining right into approval entry system;in order to promote the commercialization of circulation, building looser allocation mechanism of mining industry market;according to practice of mining industry, solving the problem of mining land in many ways;consulting international prevailing rules to innovate the current mining tax and fee collection system;administering mining by law and perfecting the relevant provisions of legal responsibility in the current mining law.% 《矿产资源法》修改中绕不开的几个理论问题：变矿业权行政审批为权属登记以凸显其物权属性；注重公法规制与私法调整的关系平衡；明确探矿权人之优先权即依申请可直接取得采矿权；变矿业权主体资格的行政审批为核准进入制度；建立更宽松的矿业权市场配置制度以促进其商品化流转；从矿业实际出发采取多种方式解决矿业用地问题；参照世界通行规则来革新现行的矿业税费征收制度；依法治矿完善现行矿法中法律责任之有关规定。
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