A Study On The Legal Practice Of Transferring Mining Rights

In the entire mining trade market,the transfer of mining rights is a very important part.With the development of economy in recent years and the support of the government,the orderly establishment and development of the transfer of mining rights has become an important issue,and there are lots of problems in the system of the transfer of mining rights.The transfer of mining rights is a change in the rights of property rights,involving changes in the main body of mining rights.Mining rights in the two parties is a creditor's rights,mining rights mortgage before the realization of the mortgage,although set the mortgage but the main mining rights has not changed.So this article will be discussed separately,not the rental and mortgage as a strict sense of the transfer of mining rights.The mining market is an important part of the mining market,and it is of great significance to correctly understand and solve the problems in the practice of mining rights.The text consists of four parts:The first part analyzes the present situation of the legislation of mining right transfer in our country,emphasizes the transfer mode and conditions of mining right stipulated in the current legislation,and discusses the lease and mortgage of mining right separately.The second part analyzes the three contracts that are common in the current practice and related to the transfer of mining rights.The third part analyzes the difference between the equity transfer of mining enterprises and the transfer of mining rights.The fourth part discusses the validity of the contract for the transfer of unapproved mining rights.Through the author's research and analysis,the following conclusions are drawn:First,only the contract that constitutes the substantive transfer should be recognized as invalid;other forms of contract are the result of the agreement that the parties should be valid.Second,the mining rights are the assets of mining enterprises,equity transfer is not equivalent to the transfer of mining rights.Thirdly,the contract for the transfer of mining rights without administrative examination and approval is a contract that is not in force.