A Study On The Legal Problems Of Mortgage System In Mining

With the development of economy and improvement of society in our country,wehave made great achievements in our construction of modernization.At the sametime,extensive economic growth mode consumed and wasted a large amount ofmineral resources in the past several decades.Nowadays,the government hasadvocated to adjust energy structure and upgrade industries,mine enterprises in ourcountry are easy to meet the shortage of funds and other financial crisis.Since theirassets are worthless,they have to obtain loans from banks with mining rights ascollateral.However,the present mining right mortgage system of our country is notperfect,for example, in the aspect of legislation, the prospecting right mortgageoperation is lack of legal norms of practical, the mining enterprises can not provideguarantee for others with the mining right as collateral,the effective time of miningright mortgage lacks clear legal definition,the coincidence of mortgage and lease ofmining right And in the concrete system, our country’s mining right mortgage systemis also not perfect, there are many problems, such as the subject of mining rightmortgage qualification restrictions are too harsh, value assessment of mining right isdifficult, and when the mining right mortgage realizes,there is a conflict between thecourt and the government. Therefore, in order to improve the mining rights mortgagesystem in our country, and then to the mining enterprises to provide a convenient wayof financing, we can reform present mining right mortgage system from legislationand specific system, such as strengthening the legislation,relaxing into the miningright mortgage qualification restrictions,improving the accuracy of the valueassessment of mining right, and when the mortgage is realized,we need to coordinatethe relations between judicial power and administrative power.