我国页岩气矿业权的制度困境及破解

The Analysis on Reform Route of Shale Gas Mining Right System in China

我国页岩气矿业权是《物权法》中规定的用益物权的一种,具有私权属性,然而我国立法对其进行了较多的公法管制,使得其无论是在实体方面还是程序方面均存在诸多制度困境。通过借鉴国外经验,我国可以通过制定专门立法或者修改现行法律从实体及程序方面对页岩气矿业权制度进行市场化改革,从而完善我国现行的页岩气矿业权制度。

Shale gas mining right in China is a kind of usufructuary right in property law. Though it is a private right, the legislation of our country has made a lot of regulation based on public law. Thus there are many restrictions both in substantive and procedural aspects. By drawing on foreign experience, we can make market-oriented reform on substantive and procedural law of shale gas mining right system through legislation or amending existing laws, so as to perfect current shale gas mining right system in China.