过期矿业权的成因及其对策研究

Study on the cause for expired mineral right and the countermeasures

矿业权登记数据库中大量过期矿业权的存在,已成为矿政管理部门面临的一个亟待解决的问题。矿业权过期既有矿业权人的原因,也有矿政管理和国家政策等方面的原因。解决矿业权过期问题,一方面需要本着分类处置、依法办理的原则抓紧清理工作,另一方面更需要强调惩防结合、标本兼治的原则,在加强矿政管理机构自身建设的基础上,实施更加严格有效的矿政管理措施。

The existence of many expired mineral rights in the registration database has been an extremely urgent problem to be solved for mining administrative organizations. The reasons leading to the expiration of mineral rights could be resulted from the factors of mining right owners, mining administrative organizations or domestic policies. To solve the problems of expired mineral rights, firstly, we need to clean them with the principle of the disposal by classification in accordance to the law. Secondly, we need to follow the principles of the combination of punishment and prevention. And more rigid and effective mining administrative management actions should be taken on the basis of strengthening self-construction of mining administrative organizations.