论我国页岩气权利设置困境及其化解

On Dilemmas in China’s Shale Gas Right Setting and the Solutions

学界关于页岩气矿业权热闹的争鸣与现实中关于页岩气开采的滞缓形成巨大反差。究其原因,多数研究只是浮于权利表面的争论与探讨,没有考虑到权利设置背后的逻辑思考和利益纠葛,页岩气权利争论的外观下隐藏着权利混合与权力附属的困境,只有对页岩气的矿业权和监管权的主体进行松绑,对页岩气矿业权和所有权进行明晰分辨,对市场准入与退出进行完善,才能破解矿业权和行政权的权利纠葛和计划经济思维下的行政垄断。因此,文章提出要摒弃计划经济思维下的政府管控,让权利回归民事,让权力套上枷锁,以破除各种形式的行政性垄断,让市场决定进入与退出;企业进行自由竞争,形成充分竞争的市场环境,以实现资源的最大化利用;政府跟进外部管制,维护国家的能源安全与稳定。

The lively debate in the academic community about shale gas mining rights is in stark contrast to the slow pace of shale gas extraction in reality. The reason for this is that most studies are only debates and discussions about the surface of rights, without considering the logical thinking and interest conflicts behind the right setting. Underneath the surface of shale gas right debate is a dilemma of right mixture and power attachment. Only by loosening constraints on the main bodies of shale gas mining right and regulatory right, clearly distinguishing between shale gas mining right and ownership, and improve market access and exit, can we resolve the power conflict between mining rights and administrative power, as well as the administrative monopoly under planned economy thinking. Therefore, it is proposed in the article to abandon government control under planned economy thinking, to return rights to civil affairs, to put power in chains, and to allow the market to decide entries and exits by breaking various forms of administrative monopolies;Enterprises are propsoed to engage in free competition and form a fully competitive market environment to achieve maximum utilization of resources;Governments are propsoed to follow up external regulation to maintain China's energy security and stability.