| In recent years,with the development of infrastructure projects,the conflict between infrastructure and mineral resources has become increasingly prominent.When the "public interest" implied by infrastructure construction and the "individual interest" represented by mining right come into conflict,how to balance and how to establish the protection principle are often controversial.In the trial practice,different courts have great differences in the understanding and application of laws,regulations and rules involved in the mine dispute cases,resulting in great differences in the verdict of similar cases,which affects the legal rights and interests of all parties in accordance with the law.In this paper,through the collection of related cases and research,under the existing legal framework is constructed over mine case should be how to understand and apply the relevant legal analysis and put forward the corresponding point of view,in order to solve the construction project constructed over mineral resources disputes judicial application for reference,according to law to better protect the legitimate rights and interests of all parties,both promote the development of the infrastructure construction,And protect the legitimate rights and interests of mining owners to realize the combination of justice and efficiency.This paper is composed of an introduction,four chapters and a conclusion.The introduction part mainly introduces the background and significance of this study,and summarizes the domestic research status of the application of laws in cripe mine cases.The first chapter of this paper introduces the present situation and characteristics of the case of construction project overlaying mineral resources.The second chapter is the problems of judicial application in the process of case trial.It mainly sums up the common dispute focus in the case of the overburden mine dispute.Different courts have different opinions on these focus and the determination is not uniform.The third chapter is how to unify the judicial application of the case,through the legal analysis of the dispute focus,the author puts forward the judicial principles of the construction project under the current legal framework of mineral resources dispute cases and how to apply the common dispute focus of the summed up such cases.The fourth chapter of case prevention and settlement mechanism,through the above legal theory analysis and legal thinking,put forward from the legislative and administrative level of how to prevent the occurrence of disputes,such as supplementing and perfecting the relevant provisions,the establishment of applicable unified rules. |
