论矿业权动态持有的经济法治因缘

On the Economic Law Cause of the Dynamic Holding of Mineral Rights

炒作矿业权是一种违背资源配置与财产权配置的有害行为,资源的稀缺性要求其得到效率性开发,社会发展对资源的依赖性则促进了立法对囤积矿业权的炒作行为的强制干预。矿业权动态持有是市场配置资源规则与投机利益博弈的结果,符合现代民商法的"诚实信用原则",分析其法治性与合理性可为我国新时期的资源立法提供有利参考,确立可持续发展、生态并重的资源财产观。

Sensationalizing mining rights is a harmful behavior which can violate resource and property allocation.The scarcity of resources requires its efficient exploitation.The dependence of social development on resources has promoted the mandatory intervention of legislation for hoarding mining rights.The dynamic holding of mining rights is a game result between the market allocating resources and speculative interests,which is in line with the principle of modern Civil Law,that is,'principle of honesty and credibility'.An analysis of its legality and rationality can provide a favorable reference to the legislation of resources in the new era,and as a result establish a resource view of property: paying equal attention to sustainable development and ecology.