论避免矿业权不当重叠及重叠矿业权的处理规则

Rules Addressing Both Improper and Other Overlaps amongst Mining Rights

矿业权重叠是指两个以上分属不同矿业权人的矿业权,其客体在空间或垂直投影范围内发生的交叉或重叠。在重叠形态上,矿业权重叠既包括矿业权客体在立体空间范围内的交叉或重叠,也包括矿业权客体虽然在立体空间范围内不交叉不重叠、但在垂直投影范围内全部或部分重叠。矿业权是准物权,为避免矿业权的不当重叠,需要以立法明确矿业权的设立规则。同时,我国不合理的矿业权出让审批制度也是引起矿业权不当重叠的重要因素,避免矿业权不当重叠必须改革现行的矿业权出让审批制度。鉴于矿业权重叠无法完全避免,立法还应当明确对已设矿业权重叠的处理规则。

Overlaps of mining rights refer to spatial or vertical intersections or overlaps between two or more mining rights which belong to diferent owners.In terms of the forms,overlapping mining rights occur where there is an intersection or overlap between the objects of mining rights within the scope of the threedimensional space or a complete or partial overlap within the scope of the vertical projection,even though there is no intersection or overlap in the scope of three-dimensional space.To avoid improper overlaps of the mining rights,it is necessary to clarify rules regulating the establishment of mining rights through legislation.Meanwhile,China’s unreasonable approval system for the transfer of mining rights is an important cause of improper overlaps of mining rights.Given that it is impossible to eliminate the overlaps of mining rights,rules addressing the overlaps of the established mining rights should also be articulated through legislation.