Mining Right Transfer Of A Number Of Issues

With the deepening of the market economy, driven by strong domestic demand and the rapid development of domestic and international mining market, our mining industry entered a new period of development, but at the same time, the transfer of mineral rights disputes are increasing. In China, all mineral resources belong to the state, the state ownership in order to not violate the national laws reflect their will in the transfer of mineral rights were strictly limited, not only to strict examination and approval should be charged more than other companies The corporate tax. In this case, the Mining Company (transferor) and the assignee will have the power to circumvent the law strictly. Mainly in two ways:1, transfer of shares is not clear that this law has not explicitly prohibit the transfer means to transfer; 2, By way of avoiding administrative examination and approval.In recent years, the trial court practice, the transfer of mining rights in cases emerging mining company, the transfer of such shares does not violate the "Company Law" has not violated the provisions of mining legislation prohibited the transfer mode. Some scholars believe that this approach is not a mining trade practices, some scholars believe that when all or most of the shares being transferred at the same time meet certain conditions, the transferor and the transferee substantially in the "free transfer of equity" principles of the reach The purpose of indirect transfer of mining rights. In this regard, local courts are not the same understanding:Some court finds that the legal transfer of a contract of assignment effectively; transfer of some court found illegal, invalid or transfer the contract into effect. In addition, two or more parties enter into and carry out a mining right transfer contract because of various reasons not reported to the relevant administrative authorities to approve the case is also very common, in the event of a civil dispute to court have had a look at how the effectiveness of administrative examination and approval of the contract the impact and how to deal with cases involving a civil contract with the cross-administrative examination and approval (the Bank intersection) problems. In this regard, the different courts in different ways:some court held that the contract is invalid without the approval of some courts that do not take effect, some courts are considered valid. Court in the types of cases, the judicial power may conflict with the executive power, which the court judges indecisive, worried about the court's decision or determination not related with the implementation of the executive branch, the judicial authority of the damage. In this paper, mining transferor and transferee to avoid the legal point of view, for the trial to highlight the problems in practice, discusses the transfer of mineral rights exist in two problems:1, the transferor and the transferee by way of indirect transfer of stock transfer mining issues; 2, the effectiveness of administrative examination and approval of the impact of the contract, the people cross the line of cases dealing with the problem and the resulting judicial power and executive power of the coordination problems.