Comment Mining Right Dispute Between Yakeya Fumin Gardening Co. Ltd. And Hami Jinxiang Mining Co. Ltd. In Urumqi

How is the validity of mining right transfer contract without the administrativeapproval? How to take the obligation of approval and change the ownership ofmining right? These are inevitable issues in the process of transfer mining right.There are legal defecits on China-related legislation in the relation of administrativeapproval and validity of mining right transfer contract, which lead to lots relatedcases emerged in judicial practice. This article is based on the judicial practice, teaseout debates in the case which has cited, analyze mainstream theory and relatedlegislation comprehensively, comment judgments to define the policy tendencies ofthe courts, clear disadvantages which brings by binding administrative approval tovalidity of the mining right transfer contract. Finally, demonstrate the feasibility ofdeparting administrative approval from validity of mining right transfer contractunder <Property Law>.This article is divided into five parts. The first part is mainly about the case ofmining right transfer contract in judicial practice. The second part mainly talkingabout debates in the case and judgments by the courts, to clarify what debates willoccur in the specific case if binding the administrative approval to the validity ofmining right transfer contract, and clarify what views were held by the courts in thejudgments.The third part analyze the theory and the legislation of the debates in casewith comparative analysis and value analysis. On the relation between administrativeapproval and validity of mining right transfer contract, there are two techniques,tobind or to depart, and there are three theories,"The contract is invalid ","The contractis not in force " and "The contract is valid ". Criticize the disadvantages of bindingadministrative approval to validty of mining right transfer contract, and prove thefeasibility of departing administrative approval from validity of the contract undertheory of “The contract is valid ".The forth part comment judgments from two courts to clarify the policy tendencies which reflected in judgments of the courts. The fifthpart is based on what has discussed above, demonstrate the necessity of departing theadministrative approval from validity of mining rights transfer contract in the currentjudicial practice in China.Based on the specific cases in judicial practice, this article prove the feasibilityand necessity of departing administrative approval from validity of mining righttransfer contract, in order to put up a useful reflection of improve the relatedlegislation and resolve similar cases in judicial practice.