Research On The Legal Rights To Use Mining Land In China

In the process of mineral resources exploration and development, they are involved in land of use which is protected by state laws, mining land has the high legal status. The system of rights to use mining land in the legal system of mineral resources has a very important legal status. It has become an important link in mining activities and has an important influence to promote the development of mining economy. The development of the obtaining way and circulation of mining land legal system and conflict coordination between the relevant land rights and mining land use rights is the foundation of the mining right that can accomplished smoothly. Because the obtaining way and circulation of mining land and coordination of conflict between rights to use mining land and related land property rights are so important, so our country should perfect the legal system of the obtaining wan and circulation of mining land as soon as possible and coordinate conflict between rights to use mining land and land property rights.To clarify the meaning of mining land and the right to use mining land is to lay the theory foundation for legal system of the right to use mining land.Mining land is based on the needs of exploration and mining of mineral resources exploration and mining licenses as well as the related mining activities and service to use the scope of the surface of land.The right to use mining land is based on exploration and production activities to use a particular plot of the surface of land.The main content of the legal system of rights to use mining land including the obtaining way and circulation way of the right to use mining land in china, but legal nature of the right to use mining land is unclear, which results in many disadvantages in current obtaining way of the right and the vagueness of circulation system and the lack of unity and systemic in the system of the right to use mining land. The dispute of the legal nature of the right to use mining land focuses on the independence of the right, on behalf of the views that the right is independent or derivative,through the analysis and evaluation the viewpoints, to analyze the reasons of its independence and the advantages of as the usufructuary right. The mines of the right to use mining land in our country, including the following three aspects :conflict of the diversity of the right corpus with charitable nature of imposition, “Land-Renting instead of Expropriating ”as the frequent phenomenon of illegal land use and the single of right lifetime, and through research on the representative countries of the legislative model of the right to use mining land, the right to use mining land can be acquired through the establishment of easement, and discusses the advantage and operability of easement way, so easement way can be set up in China. The problems in circulation legal system of the right to use mining land in China: the circulation relation between the right to use mining land and right of mining is not clear; the separation of examination and approval system brings an unreasonable burden to right holders; after mining activities the mining land circulation is hard. And put forward suggestions that defining transfer relationship and the approval process between them and the system to recover collective land to solve the above problems. The conflict performance between the right to use mining land and related land property rights is divided into two types, and put forward to apply the principle of priority of mining land to coordinate the conflict between them.