Conflicts And Coordination Of Mining Rights And Sea Area Use Rights

There is a conflict on the object of right that between the mining right guaranteed by the Mineral Resources Law of the People’s Republic of China and the right to use the sea area guaranteed by the Law of the People’s Republic of China on the Management of the use of the Sea Area,and there is still no relevant legislation to resolve it.So that there are many conflicts between the two rights in theoretical research,and a large number of problems in legal practice are difficult to reconcile.In 2018,the State Council’s institutional reforms integrated the former Ministry of Land and Resources,which previously managed exploration and exploitation of mineral resources,and the former Marine Bureau,which previously managed the use of sea areas,into the Ministry of Natural Resources.The Ministry of Natural Resources assumed the responsibility of unified management and also initiated the road of legislative reforms.However,due to the strict legislative procedures,it is difficult to introduce effective conflict coordination laws in a short period of time,and the management of two powers still have individual portals.2019,the Ministry of Natural Resources released the `` Notice of the Ministry of Natural Resources on the Implementation of ‘two rights in one’ bidding,auction and hanging out of sea sand Mining Rights and sea area use right Sea ’’ in order to effectively solve the problem of inconsistency and inconvenience in the transfer of sea sand mining rights and sea area use rights,and to meet the requirements of functional restructuring after the institutional reform.the proposal of the " two rights in one " transfer method brings the dawn of coordination between the two rights conflicts,but because this notice only involves the " two rights in one " bidding The issue of linked transfers is still not regulated in terms of the coordination of the two rights acquisition,transfer,survival and elimination conflicts.To achieve the conflict and coordination of mining rights and sea area use rights,basic theoretical issues and practical issues need to be the research direction.The basic theoretical issues can be unfolded from the following levels: First,based on the existing theoretical research in the academic world,the literature analysis method is used to summarize the mining rights and sea area use rights.Introduce the nature,content and legal relationship of mineral property rights,sea area use rights separately,fully understand the "two rights",and clarify the connection and difference between each other.second,the current status of conflicts between mining rights and sea area use rights Perform analysis.The comparative analysis method and semantic analysis method are used to find the focal point of the conflict between the generation and elimination of the two rights from the relevant laws of the two rights.Find the main contradictions.In the practical problem part,the empirical analysis method is used to analyze the two cases of conflict of rights,and the practical experience is used as a reference to find the key to solving the problem from practice,to achieve the order and efficiency value of the law,and to combine theory with practice.Finally,it summarizes and concludes the legal strategy of the conflict between the two rights.At the legislative level,a "two rights in one" solution should be adopted."Two rights in one" need to restrict qualifications according to the relevant laws and regulations of the two rights and their particularities,determine new acquisition prices,determine appropriate rights periods,transfer methods and exit mechanisms,and provide the next relevant system for the Ministry of Natural Resources.design provides theoretical advice.At the level of countermeasures to resolve conflicts of practice,it is necessary to strengthen the governance of inaction of administrative organs,attach importance to the resolution of conflicts between lower and upper laws in two rights related legislation to avoid conflicts between the two rights,and improve the ability of administrative organs to properly apply the law.Avoid choosing to apply and cause the ineffectiveness of legislation,play the flexible role of soft law,strengthen the use of the legal thinking of administrative organs to avoid infringing on the rights and interests of administrative counterparts,and give full play to the role of judicial functions to protect the judicial organs to implement the principle of fairness and justice in solving the conflict of rights,and provide effective relief to administrative counterparts.