A Study On Adjacent Relation Of Mining Right In China

Based on the problem-solving ideas from general to particular, this thesis just follows the legal mechanism of finding and solving problems, then abstracting the commonness. By using different analyzing and studying ways synthetically, the thesis makes an study on the adjacent relation of mining right in China.The theory is divided into six parts:Partâ… . The value and developing trend of theory about adjacent relation.The value of theory about adjacent relation depends on the prescript of the law. The conflict of interest among obligees of adjacent estate should be harmonized perfectly in order avoid the terrible dissensions. Then we can get the good system of social production and life. The theory just expatiates the development of adjacent relation theory and make preparations for the following analysis and dissertation about the adjacent relation of mining right.Partâ…¡. The basic content of adjacent relation of mining right.The conception and character of the mining right are introduced in this part. It says that mining right is derived from quasi-real right of mineral resources rights. Also the content of adjacent relation of mining right is expounded perfectly, including adjacent facilitating and protecting relationship.Partâ…¢. Introduction of the prescript about adjacent relation of mining right in extraterritorial areas and other countries.Thesis compares and studis the correlative prescript of legislation in western Australia, Taiwan, Korea and other countries. Pros and cons are afforded for our reference in legislation.Partâ…£. The actuality and existing issues about the legal prescript of adjacent relation of mining right in our country.This part analyzes the present prescripts and existing issues in legislation. The imperfection of the legislation in our country brings about so many issues to practical work.Partâ…¤. The analysis about the rectification of adjacent relation of mining right.This part analyzes the content of the legal rectification about adjacent relation of mining right, including the important element of neighboring right. We should solve relative issues by using servitude law to the rights and obligations beyond the pale of adjacent relation.Partâ…¥. Assumption of legislation about adjacent relation of mining right in our country. It is assumed to legislate and amend property law, mineral resources law, land laws and so on. Legislative proposals are propounded. For example, adjacent relation of real property and subject of servitude should be defined in property law. Adjacent relation and scope of servitude should be appropriately expanded. Mineral resources law and land administration law should add the prescripts of adjacent relation of mining right and servitude system.