Mining Right Conflicts and the Future Measures of the Mineral Resources Law

• Author: Li Haoran
• Pages: 187-196

LI (DO NOT DELETE) 2013-9-7 9:55 AM

2013] MINERAL RESOURCES LAW 187

MINING RIGHT CONFLICTS AND THE FUTURE MEASURES

OF THE MINERAL RESOURCES LAW

LI Haoran

Abstract

The Mineral Resources Law under revision should be reformed to rebuild the legal order of

mining rights in accordance with the Property Law. The revised Mineral Resources Law shall

create a harmonious relation between the state ownership of natural resources and mining

rights. Legislators should adopt the syst em of fee-based use and the "purchase for once paid in

installments" mode, so that the creation of mining righ ts will conform to state expectat ions

and realize the rights and interests of the state. At the same time, it is beneficial to resolve the

mining right conflicts after "the priority over sapping galleries" and "the single mining rights

system" are introduced. Moreover, basic farmland protection and urban and rural planning

for construction should become factors i n determing whether to prioritize mining rightswhen

coordinating mining rights and land right s.

Who controls resources dominates the world.1 As the grain and

blood for the development of industry, mineral resources impact the

national economy and society increasingly with each passing day.

But at the legal level, the Mineral Resource Law issued in 1986 and

revised in 1996, which is the basic regulation for resource allocation

and utilization, fails to sufficiently correlate with the Propert y Law

issued in 2007. 2 As aresult, it is prejudicial to enhance the

readjustment and protection of the exploitation of resources. The

novel Mineral Resources Law is under revision. 3

1 Liu Runmo (柳润墨), Ziyuan Yinmou (资源阴谋) [Resource Conspiracy] 1 (2011).

2 Suben Qiuyuan Ji: Guotu Ziyuan Falü Guifan Xitong Zhi Minfa Siwei (溯本求源集——国土资

源法律规范系统之民法思维) [Origin: the thinking of civil law legal system of land and resources] 63

( Li Xiandong (李显东), et al. eds., 2012).

3 Guowuyuan Bangongting Guanyu Yinfa Guowuyuan 2012 Nian Lifa Jihua De Tongzhi (国务院

办公厅关于印发国务院2012年立法计划的通知) [The notice of General Office of t he State Council of

the People's Republic of China on the issuance of the 2012 legislative program of the State Council]

(promulgated by the General Office of the ST. COUNCIL., Feb.1, 2012, effective Feb.1, 2012).

The revised

Mineral Resources Law shall defer to the Property Law and

emphasize the settlement of conflicts between mining rights and state

ownership of natural resources, mining rights and land rights, and

between different mining rights so as to build a favorable legal order.