论矿业权仲裁制度的构建

Research on the construction of mining rights arbitration system

矿业权指向的标的物具有特殊性,矿产资源交易信息具有强烈的技术性,普通仲裁和诉讼不能完全满足矿业权专业性纠纷解决的需求,因此构建独立的矿业权仲裁制度十分必要。国内行业仲裁制度阙如的情况下,通过法律规范分析法和对比分析法,解析英国相关行业仲裁制度,在秉持经济节制原则和借鉴英国行业仲裁经验的基础上,利用各地矿业权交易平台资源以及现存仲裁规则,提高构建符合我国国情的矿业权仲裁制度的可行性,进而为矿业权流转纠纷提供更专业、更高效的解决渠道。

The subject matter pointed to by mining right has its particularity,and the transaction information of mineral resources has strong technical features,both of which lead to usual arbitration and litigation can hardly meet the needs of professional settlements of disputes of mining rights,so it is necessary to establish industrial arbitration schemes in the field of mining.However,in addition to maritime arbitration,the absence of industrial arbitration in China obstructs us to promulgate regulations concerning mining transaction disputes timely.Therefore,China should learn from UK by analyzing legal rules and comparing the difference between China and UK.That is to say,China should uphold the principle of economic savings and combine the existing arbitration resources,such as regional trading platforms related to mining and arbitral rules to construct our own mining right arbitration system,which can provide mining disputes a more professional and more efficient resolution scheme.