石油天然气体制改革背景下中国油气探矿权退出机制研究

China’s exit mechanism of oil and gas exploration rights under the industry system reform

健全油气勘查区块退出机制是中国石油天然气体制改革的重要内容。中国油气矿业权集中度高,油气探矿权勘查投入整体完成率不超过80%,且持有年限普遍超过20年。与发达国家油气探矿权退出管理相比,中国油气探矿权退出存在油气资源法律缺失、油气产权制度不完善、探矿权持有成本和违法成本较低等诸多问题。结合当前油气体制改革实践和中国实际情况,提出加强油气勘查区块退出管理的5项对策:一是制定油气勘查区块退出管理办法,加强陆域和海域油气矿业权、对外合作油气区块退出统一管理;二是运用法制手段引入油气勘查区块强制性退出规则;三是运用经济手段提高矿业权持有成本;四是围绕矿业权人法定义务,全面加强油气勘查作业监管;五是充分发挥油气地质资料汇交和信息公开在油气探矿权退出过程中的监管作用。

Improving the exit mechanism of oil and gas exploration blocks is an important part of China’s oil and gas structural reforms. Under the high concentration of oil and gas mining rights, the overall completion rate of oil and gas exploration block investment is less than 80%, and the holding period of oil and gas exploration right is generally more than 20 years. Compared with the exit management of exploration rights in developed countries, there are such problems in the exit of oil and gas exploration blocks in China as the absence of exit laws on oil and gas exploration rights, the imperfection of oil and gas property rights system, the low cost of holding exploration rights and illegal costs. Combining with the current practice of oil and gas system reform in China, it puts forward five strategies to strengthen the exit management of oil and gas exploration blocks: 1) formulating the exit management measures of oil and gas blocks to strengthen the unified exit management of oil and gas exploration rights and foreign cooperation blocks in onshore and offshore areas;2) introducing compulsory clauses of oil and gas exploration blocks by means of legal system;3) increasing the holding cost of mining right through economic means;4) strengthening the supervision of oil and gas exploration operations around the legal obligations of mining right holders;5) giving full play to the regulatory role of oil and gas geological data submission and information disclosure in the process of exiting oil and gas exploration rights.