Research On Coordination Of Conflict Between Mining Right And Land Use Right In China

The mining right holder needs to use the land use right in the exercise of the mining right,and the mining right and the object of the right to use the land are intersected,which leads to some conflicts in the exercise of the right.In recent years,with the continuous development of economy,mining activities of mineral resources are frequent,and conflicts between mining rights and land use rights also occur.Based on the typical case,this paper points out that there are conflicts between the mining right acquisition,the exercise process,the termination and the land use right.The paper focuses on the analysis of the specific legal reasons for the conflict between the mining right and the land use right,and then puts forward the legal suggestions for the coordination between the mining right and the land use right.The specific performance is as follows: in the process of mining right acquisition,the mining right and the land use right cannot be obtained simultaneously.The conflict types between mining right and land use right include two aspects: the acquisition procedure of mining right and land use right is independent from each other and the realization of the right and interest is difficult to be guaranteed by a single mining land acquisition method,The paper proposes that the procedure of obtaining mining right and land use right should be optimized by constructing the pre application system of mining land use right and the way of multi mining land acquisition,so as to effectively coordinate the conflict between mining right acquisition and land use right;In the process of mining right exercise,there are problems in compensation for damages when land collapses.There will be conflicts between mining right and land use right.The conflict types between mining right exercise and land use right include unclear scope of compensation for infringement damage during mining right exercise,The scope of compensation for the infringement damage and the standard of compensation for the infringement damage in the process of mining right exercise should be clarified through legislation,and the conflict between the mining right and the land use right should be effectively coordinated;The inconsistency between the exercise period of mining right and land use right belongs to the conflict type between the mining right and the land use right after the termination.It is necessary to refine the term of mining right and land use right according to the way of obtaining the mining land use right,establish the withdrawal mechanism of the collective land use right recovery after the termination of mining right and strengthen the guarantee of land reclamation related funds,Coordinate the conflict between the mining right and the land use right after the termination.