油气矿业权登记审查制度基础理论研究

The Foundation Theory Research on Registration and Examination System of Oil and Gas Mining Right

油气矿业权登记审查制度基础理论即为对油气矿业权登记审查制度的正当性说明。矿业权属性、油气矿业权的物权效力、油气资源的特殊性以及油气矿业权登记审查制度的构建路径共同参与了油气矿业权登记审查制度的正当性构建。矿业权属性的正当性基础也可分为公法要素的正当性与私法要素的正当性,油气矿业权的物权效力主要是其登记所产生的法律效力,油气矿业权的特殊性参与了其登记审查制度的构建,也应当予以正当性说明。文章正当性分析均为合法性分析,但对于审查制度的构建而言,该合法性分析尚需正当的操作规程予以具体落实。操作规程的正当性表现为规范、高效以及两者的相互促进。

The foundation theory of registration and examination system of oil and gas mining right is regarded as proper explanation for registration and examination system of oil and gas mining right. Attributes of mining rights, the effects of property of the oil and gas mining right, the particularity of the oil and gas resources, the build path of registration and examination system of oil and gas mining right have been the constituents which involving in the system＇s legitimacy construction. Specifically, the legitimacy basis of mining right attribute can be divided into the legitimacy of public law elements and the legitimacy of private law elements; the effects of property of the oil and gas mining right are the legal force mainly created by its registration; the particularity of the oil and gas mining rights should be given a proper instructions. All of this paper＇s rationality analysis is legitimacy analysis. However, in terms of the construction of reviewing system, this legitimacy analysis still needs proper operation procedures to be followed through. The legitimacy of operating procedures manifests as high efficiency and standardization, as well as the mutual promoting relations.