Study On The Effect Of Transfer Contract Without Administrative Examination And Approval

With the development of market economy, China’s booming mining market transactions. Mining rights under the mineral resources Act contains mineral exploration right and mining right, we talk about mining rights problems in secondary market trading,the mining rights transfer contract disputes.According to China’s relevant laws and regulations of the mining right transfer need to be approved by the Executive, without the approval of the contract is in effect pending state.However, in practice, courts at all levels impacts on administrative examination and approval for this type of contract is not consistent from a collection of case studies, the Court held that the effectiveness of the administrative examination and approval is not mandatory, but only administrative mandatory provisions, without the approval does not affect the validity of a contract, some administrative examination and approval for the effectiveness of the Court is of the view that mandatory requirement, without the approval of mining rights to transfers the contract.Applicable law since there are different, and lead to different decisions in similar cases.This article sorts out by such cases in Guizhou province and found that courts at all levels in the province following three judgments in such cases mainly: think without the administrative examination and approval of mining right transfer contract is not entered into force, contract and the contract is not valid.In this paper, choose one of the three views of the typical cases, comparative analysis.Summarized existing laws and regulations as well as the theorists of the mining rights transfer point, at all levels in order to find the causes of such variations in such cases by the courts, and found that the existing problems in mining right transfer in the secondary market, and proposed response measures on the issue.This paper is divided into three chapters:Chapter Ⅰ : the basic circumstances of the case. Describes three basic facts of the case and the trial results, analysis and summary of cases of differences and disputes.Chapter Ⅱ : the legal analysis of the case. Combined selection of three typical cases, summarize the focus of controversy followed by legal analysis and draw conclusions.Chapter Ⅲ: recommendations on the mining right transfer contract disputes. Through the transfer of mining right secondary market analysis the existing problems, find out why treat different award of mining right transfer contract disputes, analysis of the advantages and disadvantages of various judgments and analyses the three problems and countermeasures of follow-up enforcement of sentences.