国有煤矿企业破产中矿产所有权与采矿权的二维分离

我国国有煤矿企业在破产程序中普遍存在国家财产与企业财产公私不分的困境,其根源在于国有煤炭资源所有权与采矿权的二维分离理论没有得以厘清和付诸实践。应当在破产实践中深入研究矿产所有权与采矿权的二维分离,拓展其适用空间,以明晰破产财产范围,准确评估破产财产,从而实现保障相关各方合法权益并增益破产法理论与实践的目标。

Two-dimensional Separation of Ownership of Minerals and Mining Rights in Bankrupt State-owned Coal Enterprises

There is a widespread plight in the bankruptcy proceedings of our state-owned coal enterprises such as failing to distinguish property of the State from that of the enterprises,which is caused by the situation that the theory of two-dimensional separation of the ownership of state＇s mineral resource and the mining right has not been well clarified and put into practice.We should make a deep research on the theory in bankruptcy practice,expand its scope of application,make clear the scope of bankruptcy property,assess the value of the bankruptcy property,so as to achieve the goal of protecting the legitimate rights and interests of the relevant parties and gaining theory and practice of bankruptcy law.