矿产资源物权法律制度研究
发布时间：2018-10-08 20:00
【摘要】： 建立矿产资源物权制度是矿产资源开发领域的“明晰产权”反映于法律制度中的必然结果。矿产资源具有“物”的有用性、稀缺性、特定性等基本特性,可以成为物权法的客体。 工业革命以后,随着工业生产的迅速发展,生态环境日益退化,人们渐渐认识到以往将矿产资源作为公共物品带来的严重后果。经济学界开始了“明晰产权”的讨论。同时,法学界也形成了对矿产资源物权的大探索。事实上,我国历史上将矿产资源纳入私法的视野由来已久。只是新中国建立后,因为误解了公有制的正确含义,矿产资源物权的提法一直被回避。 从自然资源科学、生态伦理学、经济学以及法哲学原理考虑,矿产资源物权制度的建立是必然的也是合理的。从解决矿产资源安全隐患、实现私有产权的保护、优化资源开发利用方式等方面入手分析,矿产资源物权体系应包括矿产资源所有权、矿产资源用益物权以及矿产资源担保物权。 矿产资源所有权属于国家,这是社会主义性质决定的,也是符合中国国情的。矿产资源用益物权包括探矿权以及采矿权中的部分权利。采矿权不是单一的权利。从动态看,它反映了一个完整的物权变动过程;从静态看,它包括开采作业权和矿产品所有权,前者是一个典型的用益物权。后者则是所有权,且其不能被包含在矿产资源物权制度中。因为矿产资源的特殊性,它不能成为担保物权的客体,因此所谓矿产资源担保物权实际上是以采矿权和探矿权作为客体的物权。 物权法颁布后,矿产资源物权在我国已得到肯定,各项制度也进一步完善,但其中仍有需要改进之处。本文重点考察了矿产资源所有权的行使机制、权利冲突的解决机制、矿产资源物权行使中的环境保护制度以及矿产资源物权的流转制度。根据理论分析以及对先进国家经验的借鉴,针对所有权行使制度,笔者提出整合权利行使机关和分离行政权力与所有权的方案;针对权利冲突的解决,笔者提出了矿业用地不必然具有强制性以及规范矿业用地的取得方式等观点;针对环境保护,笔者认为应理顺管理体制、建立有效的监督和约束机制;针对矿产资源物权的流转,笔者强调丰富流转形式、明确民事责任,并在允许矿产资源物权自由流转的前提下,作适当的限制。
[Abstract]:The establishment of the real right system of mineral resources is the inevitable result of "clear property right" reflected in the legal system in the field of mineral resources development. Mineral resources can be the object of the property law because of their useful, scarce and specific characteristics. After the Industrial Revolution, with the rapid development of industrial production and the deterioration of ecological environment, people gradually realized the serious consequences of taking mineral resources as public goods in the past. The economic circle began the discussion of "clear property right". At the same time, the legal circles have also formed a great exploration of mineral resources property rights. In fact, China has a long history of bringing mineral resources into private law. Only after the founding of New China, because of misunderstanding the correct meaning of public ownership, mineral resources property right has been evaded. Considering the principles of natural resources science, ecological ethics, economics and legal philosophy, the establishment of the real right system of mineral resources is inevitable and reasonable. From the aspects of solving the hidden dangers of mineral resources security, realizing the protection of private property rights and optimizing the way of exploitation and utilization of mineral resources, the author points out that the real right system of mineral resources should include the ownership of mineral resources. The usufruct right of mineral resources and the security right of mineral resources. The ownership of mineral resources belongs to the state, which is determined by the socialist nature and conforms to China's national conditions. The usufruct right of mineral resources includes prospecting right and some rights in mining right. Mining rights are not a single right. From the dynamic point of view, it reflects a complete process of real right change; from the static point of view, it includes mining operation right and mineral product ownership, the former is a typical usufruct right. The latter is ownership, and it can not be included in the system of property rights of mineral resources. Because of the particularity of mineral resources, it can not become the object of the real right of security, so the so-called real right of guarantee of mineral resources is in fact the real right of taking mining right and exploration right as object. After the promulgation of the property Law, the real right of mineral resources has been affirmed in our country, and various systems have been further improved, but there are still some problems to be improved. This paper focuses on the mechanism of the exercise of the ownership of mineral resources, the mechanism of resolving the conflict of rights, the system of environmental protection in the exercise of the real rights of mineral resources and the system of circulation of the real rights of mineral resources. According to the theoretical analysis and the experience of the advanced countries, the author puts forward the scheme of integrating the authority of the exercise of the right and separating the administrative power and the ownership, as well as the solution of the conflict of rights, aiming at the system of the exercise of ownership. The author points out that the mining land should not be mandatory and the way of obtaining the mining land should be standardized, the author thinks that the management system should be straightened out, and an effective supervision and restraint mechanism should be established. In view of the circulation of the real right of mineral resources, the author emphasizes the rich form of circulation, clarifies the civil liability, and makes appropriate restrictions on the free circulation of the real right of mineral resources under the premise of allowing the free circulation of the real right of mineral resources.
【学位授予单位】：重庆大学
【学位级别】：硕士
【学位授予年份】：2008
【分类号】：D922.62
本文编号：2258082
[Abstract]:The establishment of the real right system of mineral resources is the inevitable result of "clear property right" reflected in the legal system in the field of mineral resources development. Mineral resources can be the object of the property law because of their useful, scarce and specific characteristics. After the Industrial Revolution, with the rapid development of industrial production and the deterioration of ecological environment, people gradually realized the serious consequences of taking mineral resources as public goods in the past. The economic circle began the discussion of "clear property right". At the same time, the legal circles have also formed a great exploration of mineral resources property rights. In fact, China has a long history of bringing mineral resources into private law. Only after the founding of New China, because of misunderstanding the correct meaning of public ownership, mineral resources property right has been evaded. Considering the principles of natural resources science, ecological ethics, economics and legal philosophy, the establishment of the real right system of mineral resources is inevitable and reasonable. From the aspects of solving the hidden dangers of mineral resources security, realizing the protection of private property rights and optimizing the way of exploitation and utilization of mineral resources, the author points out that the real right system of mineral resources should include the ownership of mineral resources. The usufruct right of mineral resources and the security right of mineral resources. The ownership of mineral resources belongs to the state, which is determined by the socialist nature and conforms to China's national conditions. The usufruct right of mineral resources includes prospecting right and some rights in mining right. Mining rights are not a single right. From the dynamic point of view, it reflects a complete process of real right change; from the static point of view, it includes mining operation right and mineral product ownership, the former is a typical usufruct right. The latter is ownership, and it can not be included in the system of property rights of mineral resources. Because of the particularity of mineral resources, it can not become the object of the real right of security, so the so-called real right of guarantee of mineral resources is in fact the real right of taking mining right and exploration right as object. After the promulgation of the property Law, the real right of mineral resources has been affirmed in our country, and various systems have been further improved, but there are still some problems to be improved. This paper focuses on the mechanism of the exercise of the ownership of mineral resources, the mechanism of resolving the conflict of rights, the system of environmental protection in the exercise of the real rights of mineral resources and the system of circulation of the real rights of mineral resources. According to the theoretical analysis and the experience of the advanced countries, the author puts forward the scheme of integrating the authority of the exercise of the right and separating the administrative power and the ownership, as well as the solution of the conflict of rights, aiming at the system of the exercise of ownership. The author points out that the mining land should not be mandatory and the way of obtaining the mining land should be standardized, the author thinks that the management system should be straightened out, and an effective supervision and restraint mechanism should be established. In view of the circulation of the real right of mineral resources, the author emphasizes the rich form of circulation, clarifies the civil liability, and makes appropriate restrictions on the free circulation of the real right of mineral resources under the premise of allowing the free circulation of the real right of mineral resources.
【学位授予单位】：重庆大学
【学位级别】：硕士
【学位授予年份】：2008
【分类号】：D922.62
【引证文献】
相关期刊论文 前1条
1 李清芬;黄燕华;皮光林;赵志学;;我国石油行业市场化指标体系研究[J];华章;2013年02期
相关硕士学位论文 前3条
1 魏钰邦;物权法视阈下的矿产资源法律制度研究[D];兰州大学;2010年
2 周冲;论我国煤炭资源物权化中的行政规制[D];中国政法大学;2010年
3 崔海鹤;我国矿产资源税费制度的生态化改革研究[D];山东师范大学;2013年
，本文编号：2258082
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