Conflict of Energy Property Rights and Resolution Mechanism

Because of the deficiency of China's energy legislation and the complexity of natural environment of energy resources, the conflict of energy property rights appears frequently. From the legislative and practical aspects, this paper studies the conflict of rights by the method of classification. It will be divided into two types of conflicts, namely internal conflict between energy property rights and external conflict between energy property rights and other rights. And five cardinal principles should be insisted on the solution of right conflicts, they are a prior right has priority in application, shall not damage the prior right, value measurement, coordinate and promote, and reasonable use with limitation. On this basis, in order to coordinate and improve our country's energy property rights system, this paper emphatically discusses reasons and the solution mechanisms of right conflicts between overlapped energy property rights, right conflicts between energy property rights and land rights, and right conflicts between energy property rights and maritime right of use.