Solution Of Conflict Between The Mining Rights And Land Property Rights

Conflicts between mineral rights and land rights conflicts become worse in recent days. This conflict leads to many contradictions and crimes. Solving this conflict is urgent. This conflict arises from laws which give land rights to both of the main land ownership and ownership of mineral resources. Moreover, mineral rights belong only to the state. The author firstly points out differences among land ownership, land rights, mineral rights and mining rights. The author subsequently points out the conflict between two rights performance. Then an analysis of land conflicts among property rights, mining rights and mining rights is made to distinguish exploration rights from mining rights. Conflict between property and land, especially in the mining rights and land solves the problem of property rights. The author uses the concept of "Analytic Hierarchy Process (AHP)" to construct an evaluation of mineral resources exploitation. A comparison between mining rights and land rights is effective in the resolution of this conflict. The proposed solution of this should be accurately calculated and concluded by evaluation index system and basic data. Finally, rare earth mine in Sichuan Mianning region is selected as an example to show the feasibility of construction of mineral resources evaluation index system.As the analysis indicated, conflict between mineral rights and land property can be eased. Theoretically, combination of law in the "public interest" and AHP ensures the objectivity of science and research. Meanwhile, evaluation of mineral resources exploitation realizes a combination of theory and practice. The combination of theory and practice shows that the thesis has a practical value.Conflict between mineral rights and land rights is from the law, although the establishment of scientific management methods can ease this conflict. The solution of this conflict has to go back to its origin, so the author hopes that it will be a better introduction of the new " Mineral Resources Law "to the form of law and mineral rights from the legislature to resolve the conflict between mineral rights and land rights.