Abstract:
The purpose of this paper is to discuss the legal solution path for issues of mining land use under the background of “net mining” transfer. The newly revised
Mineral Resources Law provides a legal basis for “net mining” transfer, but there are still contradictions between China’s national land spatial planning and mining land use. In order to solve the legal obstacles in the management of mining land use, especially how to effectively use mining land without obtaining ownership, this paper proposes to explore the solution through the easement system. Firstly, analyzes the legal basis of “net mining” transfer and the challenges it faces in practice, including the separation of mining rights and land use rights, and the complexity of land use approval. Then, explores the theoretical basis of the easement system and its potential application in mining land use, including various forms such as own easement, intentional adjacency and public easement. The study found that the practice of “net mining” transfer in various places is faced with common problems such as the separation of mining rights and land use rights, and the complexity of land use approval. Statutory easements, as an effective legal tool, can balance public and private interests by clarifying the use rights and compensation mechanisms of mining land through legislative means without changing land ownership. Statutory easement is the path for the rule of law of “net mining” transfer, and it can provide a solid foundation for the promotion and implementation of “net mining” transfer by drawing on and interpreting the existing rules of easement and promoting the localization and systematic development of easement in China. It can provide a solid legal guarantee for the promotion and implementation of “net mining” transfer. This paper also suggests that legislation should be enacted to further regulate common problems in the management of mining land to ensure the smooth implementation of the “net mining” transfer policy.