两权重叠背景下煤层气矿业权的瑕疵与救济

The defects and relief of coal bed methane mining right under the background of mining rights overlapping

为了解决煤层气矿业权与煤炭矿业权纠纷多发现状,以煤层气和煤炭赋存关系和煤层气易燃易爆特点为线索,研究了煤层气双重法律规制和煤层气矿业权瑕疵的具体表现,认为《煤炭法》及安全生产法律法规对煤层气抽采的规制导致煤层气矿业权人在煤矿基建区和煤炭开采区的煤层气占有权和开采权行使受限,使权力出现瑕疵。瑕疵的救济可通过行政复议、行政诉讼方式申请撤销不当的行政决定,也可通过自主协商、行政调解、行政裁决等方式解决矿业权人之间纠纷,或通过民事诉讼途径要求煤炭矿业权人停止侵权并赔偿经济损失。

In order to solve the problems of CBM mining right and coal mining right dispute, this paper studied the detailed manifestation of double legal regulation for coal mine methane and CBM mining right defect and considered coal occurrence relationship and the flammable and explosive characteristics of CBM as clues, it was believed that the regulation of CBM extraction by Coal Law and safety production laws and regulations leaded to the limitation of mining rights in CBM, coal mine construction area and mining area, so that the power is blemished. CBM mining rights defective relief may revoke the wrong administrative decisions through administrative reconsideration, administrative proceedings apply, consultations, administrative mediation, administrative adjudication to resolve disputes between mining right holders, or by the civil litigation requiring coal mining right holders to stop infringement and pay compensation for economic losses.