Abstract
No prohibitions are contained in the current laws and regulations against the establishment of mining rights with overlapping vertical projections. With regard to some overlapping mining rights that have been established for historical reasons, the administrative agencies, under the premises of safe production, environmental protection and the conducive utility of full and effective use of different types of mineral resources, should evaluate comprehensively the formation and geological conditions of mineral resources, show due respect toward the mining intentions, mining capacity and mining technology of different mining rights holders as well as the development rules of mineral deposits, and treat them differently.
The retrial collegiate bench: Jiang bixin, Huang Yongwei, Gen Baojian (Translated by: Zheng Daxuan; Proofread by: Zhang Hongsheng).
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Notes
- 1.
Jiang [1].
- 2.
Zhang [2].
- 3.
Zhu [3].
- 4.
Zhao [4].
- 5.
Wang [5].
- 6.
Hu [6].
- 7.
Liu [7].
- 8.
Zhou [8].
- 9.
Liu [7].
- 10.
Wang [9]
- 11.
Zhang [10].
- 12.
Meyer [11].
- 13.
Jiang [1].
- 14.
Schwartz [12].
- 15.
Traditional mono-dimensional review of the administrative reconsideration covers three schools of thought discussing the single function of the administrative reconsideration: internal supervision theory, relief theory, and dispute resolution theory. See Gen [13].
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Jiang, B., Huang, Y., Gen, B. (2020). Chenzhou Fanlongdui Mining Co., Ltd. v. the Ministry of Land and Resources of the People’s Republic of China (Administrative Reconsideration Decision about the Land and Resources)—The Judicial Control over the Administrative Reconsideration Authority’s Revocation of the Mining Rights. In: Selected Cases from the Supreme People’s Court of the People’s Republic of China. Library of Selected Cases from the Chinese Court. Springer, Singapore. https://doi.org/10.1007/978-981-15-0342-9_1
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