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On The Case Of Compensation Cost For Coal Mining

Posted on:2014-04-10Degree:MasterType:Thesis
Country:ChinaCandidate:Y C LiuFull Text:PDF
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Nowadays,with the rapid development of socialist marketing economy,as well asenergy saving and emission reduction as a major policy,acceleration of coalenterprise’s mergers and rectification make the case of compensation cost for coalexploitation ongoing.The owner’s confirmation and protection consciousness ofmining right is increasing day by day.To clarify of legal nature of the mining right andreasonable reconstruction of mining dual legal attribute is the important direction oftheory and legislation.There have three focus disputes in the sample case.The first isabout that if No.2mining is illegal mining.The second is about that if No.2mining isin the compensation scope.The third is that if company of An Jia Ling shouldundertake joint liability.Legal acts of exploitation need exploitation license they havelegally obtained,more importantly,qualifications of the coal resources applicants meetthe requirements of material.Mining right as usufructuary right derived from theownership of the coal resources of the state,its application should be approved by thestate to become a kind of private rights enjoyed by civil should not onlyreflect the interests of the mining owner, but also ensured and specificated by the statecoercive power,which has the strong color of public law,but is private right.But it stillbelongs to the category of the usufructuary right in nature.If we define the miningright to quasi usufructuary right,it can help us to protect the mining market mainbody’s national rights in developing and utilizing of country’s coal resources.Weshould comprehensively coordinate the complex interest relations between nation andmining owner in the process of mining.Thus we can establish ownership clear,smoothflow,the strategy of sustainable development in harmony with the market economicsystem of modern mineral resource law system,and perfect our country’s mining righttheory.
Keywords/Search Tags:mining right, legal mining act, private rights, quasi usufructuary right
PDF Full Text Request
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