A Study On The Relationship Between Mining Right And The Relative Rights Of The Land

A valuable mineral resource is the country's natural wealth and important environment factor and is an important element of human existence and development of the necessary conditions and material basis for economic development. The system of mining right is about using resources and an important legal system for protection of the mining right. The legitimate interests of the mineral resources to achieve scientific and reasonable use are of great significance. Mineral resources are the occurrence of natural resources under the ground. The prospecting, mining activities should inevitably connect close to land. When operating, the owner of mining right in exploration and mining of mineral resources must use land, but due to the mining right with only the right to use the resources under the ground and not include the right to use the surface, which appears the conflict of laws between the mining right and land rights and. As the non-renewable mineral resources, scarce and limited its position as the first, the using of the land mining is unusual, and the laws of the land mines have not been as important as to be provided, and the conflict about the mining right in the course of the exercise and in land-related rights is growing day by day. To solve the conflict, this paper focuses on the concept of mining right and ownership of mineral resources and defines the relationship on the basis of the mining right and related rights on land and study the relationship about the existing legal provisions in both rights of the performance of the conflict and give some suggestions in solving mining right and related rights on the land's value-oriented conflict.This thesis is divided into four parts excluding forward and conclusion.Part-1 defines the relationship between the mining right and ownership of mineral resources. First of all, tracing the origin of the mining right, the existing laws and regulations relating to the mining right to carry out the provisions of the sort, to define the mining right of the concept. Mining right is the right of the people prospecting Mining in accordance with the law registered in a particular area of work or mining exploration, exploitation of certain mineral resources and gain production, eliminating the interference of others. And then, the relationship between the mining right and the ownership of mineral resources are discussed. Mining right is derived from the ownership of mineral resources, and on the basis of it. Mining right can not be independent of the ownership of mineral resources, the ownership of mineral resources is the origin. Mining right from the ownership of mineral resources based on the separation of a set of his property, and ownership is relatively independent. Mineral resources depend on the mining right, the ownership of mineral resources to achieve depends on the mining right to exercise, the function of mining right is always restricted by the ownership of mineral resources .Part-2 : the constitution of mining right legal elements. Make a comprehensive analysis of the three main elements of mining right. The laws limits different qualification conditions of our state-owned mining enterprises ,collectively owned mining enterprises and individual miners.Mining right is not simply the object of the (partial) of mineral resources, also includes the mining area or specific areas of work for the underground sections. Observation and the object of the mining right defines not only from the mining area or work the surface area, the direction of the level of focus, but also pay attention to the work area or mine vertically. Through the induction and analysis of the main body, the object, the rights and obligations of mining right, we get a profound understanding of the meaning of the mining right.Part-3 is the analysis about China's mining right and related rights on the land. On an accurate understanding of the meaning of the mining right, we make an analysis of the mining right and related rights on the land. In our country, there are two types of ownership(state-owned and collective ownership), but mineral resources and mineral only belong to the country ,and ignore all other factors of geographical locations and types of mines. Mining right and land ownership are separate rights. Mining right does not need to obtain access to land ownership, and access to land ownership, of course, does not have the mining right. Due to the occurrence of mineral resources on land resources, exploration, exploitation of mineral resources to occupy land resources, similarly, the development of land resources (such as construction) may also press on mineral resources, so the land can not be the main interest of all of their respective interests-oriented agreement, for both the development and utilization of resources and setting of its mining right and land rights inevitably conflict, in particular the ownership of land and mineral resources belong to the collective ownership and the state's case respectively, the conflict between the main body of land-use right and mining right is more clearly. The rights about the closest relationship between the mining right and the land rights in this article has been selected. We analyze the existing mining right under the law and the state-owned land ownership, mining right and the collective ownership of land, mining right and the state-owned land use rights, mining right to land Contract rights, mining right and neighboring rights, mining right and easement of the status quo and causes the conflict.Part-4 brings some suggestions to solve the conflict about China's mining right and related rights on the land. With the analysis of the mining right and related rights on land relations, we can see that there is a conflict between mining right and related rights on the land inevitably, in order to protect the relations between each other , reduce the conflict, and combined with China's national conditions and the actual mining sites, from domestic research results to solve the conflict between the two countries should follow the principle of giving priority to the strategic interests; to measure the interests of the principles of; to coordinate the use of each other; reasonable exploitation of mineral resources, to promote the principles of sustainable development of land. And improve the existing system of land mines that measures to create a system of priority land mines and innovative ways to obtain land for mining. Prospecting and giving priority to the national economy and people's an important strategic mineral resources, mining sites have priority; other mining sites follows the establishment of property rights between the first priority to the effectiveness of the general rules to determine. Recommended short-term mining enterprises to carry out geological prospecting sites or temporary use of land when the temporary sites system; in order to avoid waste of land resources, mining right to reduce the use of land economy can afford the annual rent of land; to ease the conflict between mining interests and the interests of the farmers, the land ownership system; mining sites in order to reduce costs and improve reclamation initiative, the land equivalent replacement system. More than a system of land mines, each with different characteristics and the scope of application involves both the supply and demand rights and obligations. All different localities can choose a suitable system of land mines based on different characteristics of the mining sites.