Abstract:
Only multiple non-conflicting rights to use the same natural resource can achieve mutual compatibility. Conflicts over the right to use natural resources manifest as conflicts between natural resource real rights, conflicts between natural resource real rights and customary use, and conflicts between acts of customary use. Pure conflicts of the right to use natural resources must satisfy three conditions: the legal existence of the rights involved, the inevitable intersection of their exercise, and at least one right being a natural resource real right. The compatibility of rights is reflected in non-exclusiveness and non-priority. The judgment of compatibility is based on the rights themselves, considering whether the nature of the rights is exclusive, the timing of priority emergence, and whether their contents are compatible. Additionally, legal evaluations of rights must be taken into account, with coordination between the economic value of maximizing resource utility, the social value of promoting customary use, and the ecological value of respecting the natural state. For unestablished rights, administrative organs should fully facilitate the achievement of compatibility when granting permits and conduct prudent reviews of the compatibility of subsequent rights in accordance with the law. For conflicts arising from established rights, judicial organs should, on the basis of clarifying the scope of acceptance and determining the burden of proof, combine the content of right certificates and resolve disputes through diversified dispute resolution mechanisms.