空白区探矿权准入的法律规制OACHSSCD

By interpreting the"application first"access method for exploration rights from the legal perspective and comparing it with the competitive transfer method,the paper analyzes the advantages and possible problems of the"application first"access method,as well as the applicability of the"agreement transfer"access method in the blank area.Further,the paper puts forward recommendations on the legal regulation of access to exploration rights in the blank areas:in terms of access method,"application first"access must be limited to strategic and critical minerals,and"agreement transfer"access should be applied to strategic non-shortage minerals in blank areas;in terms of access procedures,the system of hearings and collective hearings should be introduced;in terms of the qualifications of access subjects,the judicial conduct requirements to exploration right applicants shall be included.