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矿业权与土地产权间的冲突随着时间的推移有越演越烈之势,因冲突已导致诸多矛盾甚至出现了犯罪,解决矿业权与土地产权间的冲突已迫在眉睫。矿业权分为探矿权和采矿权,探矿权应优先于土地产权。在采矿权与土地产权谁优先的问题上,应采用层次分析法(AHP),构建矿产资源开采评价指标体系,通过两两比较求出权重,为采矿权和土地产权间冲突的解决获得基础数据,进而可以在精确计算的基础上解决采矿权与土地产权冲突时哪一个权利优先的问题。同时,我国应在矿产资源的立法中以明确的法律条文调整矿业权与土地产权间的冲突。
The conflict between mining rights and land property rights has become more and more intense over time. Conflicts have led to many contradictions and even crimes. It is imminent to resolve the conflicts between mining rights and land property rights. Mining rights are divided into exploration rights and mining rights, exploration rights should take precedence over land property rights. In the mining rights and land property rights who priority on the issue, the analytic hierarchy process (AHP) should be used to build the evaluation index system for mining mineral resources, through the comparison of two to find the weight for the acquisition of mining rights and land ownership conflicts to obtain the basic data , And then on the basis of accurate calculation to solve the mining rights and land ownership conflicts which one priority rights issues. At the same time, our country should adjust the conflict between mining rights and land property rights with explicit legal provisions in the legislation of mineral resources.