The Conflict between Mining Rights of Oil and Gas Resources and Land Property Rights:A Case Study on the Development of Oil and Gas Resources in North Shaanxi
油气资源矿权与土地产权的冲突——以陕北油气资源开发为例的分析

The resource economics have gained brilliant achievements so far in the field of resource exploitation,environmental protection and development of regional economies.But the researches are still incomplete and inadequate.There is a prominent theoretical blind point in the study of resource economics,that is to say,the relationship between multiplex property rights,more specifically between the mining rights and the land property rights in the exploitation of fuel oil and gas has been neglected.There is an inevitable conflict between mining right and the land property right because the oil and gas resources deposit underground or the surface,but the mining rights of oil and gas resources and the land property rights are separated in China.The mining rights of oil and gas belong to the state,whereas the country and the collective together have the land property right.This conflict concentrated on the way how to obtain the mining rights and the rights to use land for mining.It is not only due to the imperfectness of our country's relevant law and regulations,but the complicated land ownership hierarchy and ownership structure of our country,and the negligence over the collective land ownership in law.Therefore,on the basis of the summarization of the contradiction between mining right and land property rights,and the analysis of the institutional evolution of mining rights in the development of oil and gas resources in North Shaanxi,we think the key to effectively settle the contradiction between mining right and land property right in the development of oil and gas resources,and to balance the interest relationship between the central and the local government is to rebuilt the resources property right system and accept the multi-beneficial parties of resources,such as to innovate the mining right system of oil and gas resources,reform the collective land ownership system,and improve the land utilization institution for the mining industry.Our research not only clear up the relationship between the mining rights of oil and gas and the land property rights,reveal the root of the conflict,but also carry out demonstrative research combined with case.We take North Shaanxi beacase it is the typical region where the conflicting interests is the most serious and the worst since the 1990's.The conclusions of this research will help to coordinating the interest relationship involved in the exploitation of oil and gas and expanding the resource economics.