《矿产资源法》修改应规制矿业权重叠

摘要

Mining right overlap means that multiple mining rights are occurred in the same district, which is determined by the geological conditions and mining administration system, has necessity. In many foreign countries, mining right overlap is provided clearly in mining legislation;and some countries acquiesce to this. In China, the same happens, so some corresponding methods for dealing with this have been formed. This paper ifrst analyses some problems existed in the legislation of our country, these include:poor systematic legislation, imperfect system, lack of cohesion with Property Law, and limited applicable range. In response to this, this paper offers that mining right overlap should be allowed in Mineral Resources Law;rational mining plan must be made;preference for application right and purchasing right will be established;and paying more attention to cohesion with lower norms.%矿业权重叠是指在同一矿区中存在多个矿业权，其产生是由地质条件和矿政管理制度决定的，具有必要性。国外多国矿业立法明确允许矿业权重叠，也有国家默许矿业权重叠。我国实践中也有一个矿区存在多个矿业权的情况，形成了一些处理办法。我国立法存在立法系统性差、制度不完备、同《物权法》缺少衔接、适用范围有限等问题。应由《矿产资源法》规定允许矿业权重叠、确定合理的开采规划、设立优先申请权和购买权等内容，并注意与下位法的衔接。