股份合作是获取矿业用地的基本途径

Stock Cooperation is a Basic Pattern for Acquiring Mining Land

研究目的:求证获取矿业用地的基本途径。研究方法:规范研究与实证研究相结合,逻辑归纳法。研究结果:矿业用地制度缺失。学者们提出了获取矿业用地的许多途径,但都不适合保护土地权人的利益。征收土地后出让取得,缺乏启动征收的前提;按照国外经验承租获地,有损于弱势的土地权人;清朝末期矿业用地的"股份合作"是应当继承的基本途径。研究结论:十七届三中全会的政策创新为股份合作开辟了道路,股份合作的综合性收益是制度变迁的动力。

The purpose of this paper is to explore basic pattern for acquiring mining land. Methods employed include the combination of normative research and empirical study and logic induction. The result indicates that due to the deficiency of institutions on mining land, the patterns for acquiring mining land proposed by scholars can not meet the requirements for protecting the interests of land owner. For example： （ 1 ）the proposed pattern of conveying the mining land after the land is required from the farmers cannot meet the requirement of land requisition poliey;（2）the pattern of acquiring land following with foreign experiences is harmful to weak land owners. Thus, the principle of ＂stock cooperation＂ established since the late Qing Dynasty could be the basic pattern to be inherited. It is concluded that the policy innovation in the 3rd Plenum of the 17th CPC China Central Committee has opened the way for stock cooperation, and the comprehensive benefit of the stock cooperation pattern is the driving force of such institutional change.