Study On The Legal Problems Of Conflict Between Mining Right And Land Use Right In China

Mineral resources are often deposited in the land.If they are explored and mined,they must use the land.However,mining rights do not include the right to use the land.Therefore,if you want to legally use the land,you must obtain the right to use the land as an object.But in our country,with the development of market economy,the conflict between mining right and land use right subject is becoming more and more serious,and the contradiction of mine land is prominent,which has a negative effect on the social harmony and stability.This paper defines the concept of mining right and land use right,and points out the inadequacy of the legal norms of mining right and land use right in China.According to the National conditions of our country,this paper systematically analyzes the form of conflict between mining right and land use right in the stage of acquisition,use,circulation and exit of mining land,and concludes that the lack of legal norms on mining land is the direct cause of the conflict of rights.The complex structure of land rights is the root cause of the conflict of rights.To sum up and draw lessons from the legal systems of various countries that deal with conflicts between mining rights and land use rights,and,according to China’s National conditions,put forward guidance based on the principles of fairness,conservation,intensive land use,and ecological protection.The conflict between mining right and land use right in China is resolved through the construction of the system of temporary land use,the system of share cooperation and the system of mining easement.