Mining Right Forced Change Research Of Inner Mongolia

In recent years, with the rapid development of mineral resources industry, mineral resources disputes People’s Court accepted the increasing people’s court also constantly involved in the seizure of mining rights, transfer, change of registration and other matters, land and resources departments to assist the implementation of the People’s Court verdict, has been more problems, more controversial. Part of the public courts and other mineral resources on the judiciary to make decisions according to the case, judgment or assist an enforcement notice issued to a certain extent, confused responsibilities and boundaries of judicial power and the executive power of the mineral resources. Therefore, in practice, for the people’s court to assist in the implementation of the mining rights to change the registration, transfer, assignment, etc. to perform the requested change, land and resources management departments on how to perform, whether administrative review procedures need to fulfill a series of questions based on the relevant laws and regulations, the people’s court and land and resources departments divergence, even inside people’s court or internal land and resources departments there is a big controversy. Forced to change the ownership of mining rights has gradually become a land resource management practices in a difficult and controversial work focus, how to strike a balance between judicial power and the executive power, whether from the level of mineral resources and mining rights to new ownership definition, bringing new opportunities for reform lags mining rights administration model is a question worthy of further thought and study. In this paper, the substantive case for ownership of the mining rights to change the status quo certain mandatory evaluation, analysis and mining rights to enforce the right to enforce the change in ownership of an embarrassing situation, analyze the current lack of administrative regulations regulate mining rights from the perspective of the root causes of the Property, get ownership change existing mining rights norms is difficult to adapt the conclusion of modern mining market development. From the division of mining rights and the exploitation of the resource property attributes, changing land resource administrative functions and rationalize the relationship between judicial power and the executive power of these three perspectives to explore a feasible way to solve the people’s court for enforcement of mining rights ownership change difficult operation provides a practical solution ideas. Ownership of mining rights in order to further enforce change feasibility analysis, the complete separation of the dual interests of mining rights, taking into account the special requirements of administrative law, and then presented to the ownership of the mining rights management reform proposal to force change in the maintenance of the right of judicial enforcement authority.