The conflict and adjustion between public power and private rights of mining rights transfer under the background of coal resources integration

Mining rights both have the characteristic of private law of real rights, and the characteristic of public law of administrative permission.There are inner tension and external conflicts between state intervention and private governance in mining rights transfer.Under the background of coal resources integration, conflicts mainly appear as that:some mining rights transfers are affiliated actually, but called integration by signing “black-white” contracts; registered owners and real owners transfer mining right separately; conflicts between recission rights of contracts and resources integration policy, coal mines are closed compulsively in terms of validity of mining license, and so on.Adjustion ways are proposed in below aspects:in the perspective of legal theory, the characteristic of legal right of mining rights should be clarified, and the characteristic of real rights of mining rights should be emphasized; in the perspective of legislation, restrictive norms of mining rights transfer in laws and regulations should be adjusted; in the perspective of judicature, regulating range of public law and private law in mining rights transfer should be orientated reasonably, the pattern of co-governance between public law and private law should be straightened.In the perspective of long-term, modern mining industry regulating system should be established by taking the chance of amendment of Mineral Resource Law.