A Study On Legal Mechanisms For Coal-bed Methane(CBM) And Coal Coordinated Development

In this new normal of “Energy revolution”, the development of energy such as coal-bed methane(CBM)is getting growing national attention. However, for a long time,some continuous conflicts exist, for example, the mining rights overlap of coal and CBM, which has caused the CBM resource development process very low. Some national policies put forward innovation and improvement on coordinated development mechanism of CBM and coal, in order to reasonably resolve the mining right overlap problem and promote the two energy resources safe and efficient exploitation and utilization, which just reflects the “innovative, harmonious, green, open and shared development” concept introduced at the Fifth Plenary Session of the 18 th Central Committee of the Communist Party of China. In academic field, as more literature has focused on economic and technology perspectives and few studies have centered on legal mechanisms. Therefore, the mechanism of coordinated development of CBM and coal is still on the stage of exploration and perfection. Under the background, with the main line of solving the mining right overlap, the author, focusing on the Legal mechanisms, introduces some approaches and makes suggestions on legal mechanisms for CBM and coal coordinated development.At first, the article analyses the CBM development status in China and makes the conclusion of slow development. Secondly, according to the analysis of its reason about slow development and state of mining right overlap, it concludes that mining right overlap is the key factor of tardy development. From that, through studying the responses and measures of foreign countries which develop fast on CBM, such as America, Canada, Australia and Germany, and sorting out the solutions of domestic academic circle on mining right overlap, it comes out that CBM and coal coordinated development is an effective way to solving mining right overlap. Next, after combining the CBM policies and regulations in China, it finds out the policy and legal basis of CBM and coal coordinated development. At present the critical institution of CBM and coal coordinated development mechanisms are stable, including integrated exploration,cooperative development, information sharing, withdrawal constraints. And in practice,the technology of CBM and coal coordinated development is still in the constantly exploration, with the relatively mature practice patterns of “Sanjiao model”, “Jinchengmodel”, “Lianghuai model”. While combining the practical experience, the author finds out that the key factor of CBM and coal coordinated development is the coordination and cooperation on special arrangement and timing adjustment, thus the legal mechanism of CBM and coal coordinated development is defined preliminarily as: An operational mechanism, aiming at safe and efficient development of two resources,reasonably linking up time order and space arrangement of resource exploration,coordinates the right, obligation and responsibility of each party, with main legal institutions as mining rights management, comprehensive exploration, cooperation,development, information sharing, exit constraints, dispute resolution.Finally, the author makes suggestions on legal mechanisms for CBM and coal coordinated development: In the aspect of legal norms, to modify the Coal Law and the Mineral Resources Law, and to make special regulations on CBM. In the aspect of mining right management system, to improve mining right market especially the role of mining right evaluation intermediary, and information management. In the aspect of government law enforcement and supervision, to enhance exploration supervision by law with strict examination before mining right configuration and coordinate the dispute with rational intervention; in the aspect of model of enterprise collaboration, to promote multi-cooperative modes, such as “unilateral withdrawal”, “bilateral joint development”,and “third party governance”. In the aspect of dispute resolution system, to promote judicial remedy as dominate instead of administrative adjudication, which will make some multiple civil relief approaches such as negotiation, mediation, arbitration, etc.come into play.