On the rules system of rights allocation related to overlapping mineral resources
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Abstract
Mining rights overlapping is the results of the interaction of rights allocation and natural phenomena which is the mineral resources overlapping, furthmore it implicates the requirement of synchronism of rights.We need to improve or construct the system of rules about mining rights overlapping which includes establishment rules, exercising rules and disposal rules.Establishment rules include rights allocation rules based on exclusiveness, pre-warning and administrative discretion rules, joint application rules, prior application rules and pre-consent or commitment rules.Exercising rules include distinguishing rules, adjacent relations rules, sharing materials and information rules, protecting the prior rights rules, priority protection rules for strategic scarce resources.Disposal rules include the rules which are separately based on autonomy of will and legal provision.
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