2008•Journal of Xi'an Shiyou UniversityRequires access

On the Relationship of Mining Right and the Right of Using Land

Liu Xiao-nan

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Abstract

Mining right is one kind of quasi-usufruct.It is necessary to understand the nature of the mining right——the quasi-usufruct before studying the relationship between the mining right and the right of using land.The relationship between them is in fact equal to the relationship of a kind of quasi-usufruct and a typical real right.Because of the characteristics of the geography,the mining right has the close relation with the right of using land,but both of them conflict each other at the aspects like the ownership,contents,transform and time limit of the right.The solution to their conflict is significant to the protection of natural environment and the stability of economic development.When amending the Mineral Resource Law in our country in the future,we should pay much attention to dealing with the institution connection between the mining right and the right of using land from the perspectives of the right establishment,the transform approach and the protective measures.

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What this paper is about

Mining right is one kind of quasi-usufruct.It is necessary to understand the nature of the mining right——the quasi-usufruct before studying the relationship between the mining right and the right of using land.The relationship between them is in fact equal to the relationship of a kind of quasi-usufruct and a typical real right.Because of the characteristics of the geography,the mining right has the close relation with the right of using land,but both of them conflict each other at the aspects like the ownership,contents,transform and time limit of the right.The solution to their conflict is significant to the protection of natural environment and the stability of economic development.When amending the Mineral Resource Law in our country in the future,we should pay much attention to dealing with the institution connection between the mining right and the right of using land from the perspectives of the right establishment,the transform approach and the protective measures.

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Available abstract

Mining right is one kind of quasi-usufruct.It is necessary to understand the nature of the mining right——the quasi-usufruct before studying the relationship between the mining right and the right of using land.The relationship between them is in fact equal to the relationship of a kind of quasi-usufruct and a typical real right.Because of the characteristics of the geography,the mining right has the close relation with the right of using land,but both of them conflict each other at the aspects like the ownership,contents,transform and time limit of the right.The solution to their conflict is significant to the protection of natural environment and the stability of economic development.When amending the Mineral Resource Law in our country in the future,we should pay much attention to dealing with the institution connection between the mining right and the right of using land from the perspectives of the right establishment,the transform approach and the protective measures.

Key concepts: Relation (database), Land tenure, Property rights, Natural resource, Exclusive right, Business, Political science, Computer science

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