The Conflict And Coordination Between Mining Right And Land Use Rights

Mining right person exercise of mining right must need to use the land, the land for mining, so the mining right and land use rights' relationship and conflict will occur in China.The system of land use rights is very detailed, but the institutional rules of mining right and mining land is relatively simple. The provision of the mining land nature is only with reference to the nature of the construction land and land for mining in general is according to the way of construction land. However, this regulation has been unable to meet the needs of economic development, to turn over a dispute in operation, how to balance the interests of the mining right and land use right is important.In addition to the introduction, the text is divided into five parts.The first part, the relationship of mining right and land use rights. For the study of mining right and land use rights, the author first defines the concept of mining right.With China's“propertylaw” promulgated, property of real right of mining right has been confirmed. The author analyses the development of the mining right's recent history. Finally, the author analyses the relation between mining right and land use rights is the relationship between real right. Mining right is divided into exploration right and mining right. Land use rights include state-owned and collective land use right of land use rights.Theauthormakes deep analysisfrom the existing law and its property right.The second part, the mining right and land use rights' conflict and the reason analysis. The authorexplains the two main forms of the conflict, the conflict is mining right person obtaining mining right after how to obtain the land use rights got and needing to use mining land for construction.After the author analyses the reason of the conflict. The author thinks that there are two major reasons: first, the different demand of the subject to the object; second, law is imperfect and defect of our country.The third part, foreign system of the main achievements about coordinating mining right and land use rights' conflict. In this part the author first analyses the mature system of representative countries abroad, then the author draws lessons according to the actual situation of China.The fourth part, the suggestions about the coordination of China's mining right and land use rights' conflict. Finally the author makes coordination of mining right and land use rights conflict in our country. At last the paper coordinates the conflicts of China's mining right and land use rights, including general principles of coordination: the principle of balance on both the holder of interests and the principle of reflect the value of the land. In order to coordinate the first kind of conflict, namely improving the system of the mining land. The author discusses from four aspects: adopting the mode of diversified mining land, improvement of mining land examination and approval, reconstruction of the period of mining land and the standard of compensation. In order to coordinate the second kind of conflict, the author discusses in different conditions.The fifth part, conclusion. In order to solve the problem of mining land, the author thinks seeking other emerging way of mining land is imminent. The author puts forward new ways,such as the lease of land and the land shareholding,then the author analyses the pros and cons to provide some suggestions for the establishment of system of our country. About construction land taking up land for mining,the author discusses in detail from the nature of the construction project and the point of view of the importance of mineral resources.