Study on the land right obstacles to the realization of mining right

Once the right to use mining land cannot be obtained, the mining right holder can only choose to file administrative lawsuits and administrative compensation lawsuits for mining permits, which are often difficult to successfully defend due to the complex interests involved.Paragraph 4 of article 30 of Rules for Implementation of the Mineral Resources Law of the Peopl’s Republic of China gives mining right holders the right to obtain land use rights in accordance with the law, and this provision supports that there should be no substantial legal obstacles for mining right holders to obtain land use rights from a macro level.However, the use control of forest land use rights and barriers to the transfer of rural collective land pose a series of challenges to the smooth realization of mining right.A specific discussion of the discordant and contradictory state between mining right and land use rights reveals that the current Mineral Resources Law of the People’s Republic of China is influenced by the planned economic system to neglect the allocation of mining land use rights, the separation of mining right from the land property rights system, the “two skins” of mineral resource management and land resource management, and the incoherence between the laws and regulations within the forest law system, which together constitute the factors for the realization of mining right of the deep-seated reasons for the obstacles to the realization of land rights.On the basis of respecting the reform program of China’s land system, obtaining corresponding land use rights as a precondition for mining permits, constructing a special natural resource conflict coordination mechanism, improving a dynamic planning adjustment mechanism, and actively promoting net mine concessions may be conducive to fundamentally solving the legal difficulties of mining land in China.