Study On The Legal Procedure Of Mining Land Use Right Review

The exploitation of mineral resources in China covers a large area and occupies a variety of land types.However,the mining land contradiction is outstanding,due to the limited construction land index,the land acquisition approval cycle is too long and the cost is so high.The current actual problems of mining land illustrate the absence of relevant policies and regulations on mining land in China.The parallel provisions of land management and mineral resources related laws make the two have no intersection,which makes the mining land problems emerge in endlessly and cannot be solved through relevant laws.The provisions adopted by the mining right holders in applying for the right to use the land in the mining area are as follows: the qualified applicants shall obtain the right to use the land in the mining area after submitting other materials and passing the examination and approval of the relevant departments on the premise of the obtained mining right license.However,the current approval system is lack of procedural considerations and the effectiveness of the review process,which leads to the inevitable land use problems of mining right holders in reality,such as:unable to obtain and handle the mining land use right;The efficiency of land approval is low and the mining right cannot be exercised in time.After the cancellation of the mining right,the land use right with a relatively long term is idle in the hands of the mining right holders for a long time,wasting land resources.Therefore,the acquisition system of mining land in China is in urgent need of repair or even reform,to improve or change the existing system,so that the mining right holders can obtain the corresponding land use right efficiently,legally and safely.In this paper,on the basis of related research,based on the current system of mining rights to set up and the land use right of the relevant laws and regulations and approval procedures,review materials is analyzed,with the existing mining way of land use,land use problems such as unreasonable as the research basis,in combination with actual disputes occurs during the mining land and use case points out the existing disadvantages of the mining land,analyses the land in the mining right to apply for shortage and lack of review process.The first chapter of this paper is the introduction of the research background and practical significance of the topic,and the definition and interpretation of the related concepts of mining land and administrative law.The second chapterintroduces the current legal procedures of the acquisition of mining land in China,including the acquisition of construction land and non-construction land.The third chapter is the analysis and case analysis of the procedural problems existing in the review of the acquisition of mining land.The fourth chapter analyzes and discusses the causes of the problems summarized in the last chapter from the perspectives of administrative law and mining right attributes.The fifth chapter,under the guidance of the related principles of administrative law and the theory of service-oriented government,puts forward suggestions on improving the examination procedures of land use in the establishment of mining right.Innovation point of this paper is to research angle of view,it is in the process of mining land in China,the land classification is concerned with the mineral exploration right and mining right obtained construction land with the land for construction purposes,the classification provided clarity of thought to solve the contradictions of the mines,as well as to the mining right and the right of exploration of the improvement of the legal procedure has a strong operability and realistic significance.At the same time,there are some deficiencies in the paper.Due to the limited resources of the author and his lack of practical experience in mining land,the paper is relatively theoretical.In addition,the author's legal literacy and legal knowledge still need to be improved.The expression of the argument from the perspective of administrative law is not accurate enough,and the guidance of the application of legal knowledge and theory is grand.In conclusion,the author through to the problem of mining land obtain legal procedure in China to carry out the investigation and study,in the perspective of jurisprudence,the use of mining land information,data and case materials combined with their own thinking,such as grinding out to solve the contradictions of the mining land disputes as the theme of the thesis,hope that through this article ideas of argument and concludes some suggestions to the solution of the problem in our country mines and mining land has some enlightening significance for perfecting the legal process.