The Conflict And Coordination Of Interest In The Mineral Rights

Coordination and exploitation of mineral resources use the contradictions and conflicts in the process of mining rights legal system.The fundamental purpose of the mining rights legal system is the protection and effective utilization of mineral resources.The adjustment object of the mining rights of the legal system is the attribution of the mineral resources, the use of the relationship between flow relations and management relations.This series of relationships in the final analysis the various interests of different subjects on the mineral resources, will and behavior interweave, conflict and reconciliation.Protect the public interest and national interest, public law and private rights of private law conflict, the argument is should support appropriate intervention of the public law of private law in order to achieve better social benefits.Public Law from the overall interests of society as a starting point, considering the ecological environment protection and the interests of different strata aspirations, China’s mining industry relevant supporting policies should be a reasonable industrial structure adjustment in the direction for the development of the mineral industry as a whole, the comprehensive management of mining rights. The exercise of the problems arising in the process.Text of this paper is divided into three parts.The first part is to explore the basic problems of the mining rights.Mining rights of the concept of character and nature of the analysis introduced by a part of the exploration and mining rights, and mining rights in the interests of the analysis, the gradual integration of coal resources in Shanxi Province and paid, for example, proposed the need for public and private law conflict resolution theory and practice guidance.The second part of the root causes of conflict on the mineral rights of public and private law.The mining rights of public and private law source of conflict is mainly reflected in three aspects, namely, to maintain the needs of national economic security and social public interests of the mining rights Private property, the individual pursuit of the inevitable conflict between to maximize the benefits; to achieve sustainable development,maintenance of intergenerational equity and profit for the purpose of individual pursuit of immediate conflict between the existing benefit maximization is inevitable; the blindness of the market economy lag and compensate for the defect between the needs of the market economy will produce conflict.The third chapter is the conflict of the mining rights of public and private law, settlement mechanism, is also the core content of this article.First define the positioning of the public rights in the mineral rights system and the protection of private rights.National economic security and social public interest is mainly reflected in the national industrial policy and farmers’ rights and interests protection, sustainable development and maintenance of intergenerational equity needs in the coordination of eco-environmental protection system, in order to compensate for the defects of the market mechanism also requires coordinate the handling of the contradictions of the mineral rights system and land system.Corresponds to the root cause of mining rights of public and private law conflict, this paper presents the mineral rights in the public and private law at the national industrial policy, eco-environmental protection system, land system and the rights and interests of farmers to protect these four aspects of conflict resolution mechanisms.In summary, due to the particularity of the mining rights object, the development process of the mineral resources industry, coordinate the handling of the conflict of interest of all parties in order to promote the sustainable development of the industry.Building a harmonious development of mineral resources and regulatory modes.