| Mineral resources is a kind of non-renewable resources, which becoming less and less for human using it unreasonable. Since the building of human civilization, mankind has started to develop and use of mineral resources. Nowadays, even we have entered the age of information and knowledge economy, the mineral resources still occupy an irreplaceable position. As we all known, the development and strength of traditional industry need the supporting of enough fossil and mineral resources. The rare earth and silicon are also inseparable of development high-tech based modern enterprises. If the mining enterprises want to develop it which must get sufficient financial supporting. However, due to the structure of mining enterprises assets is quite simple, the ability of financing is quite weak and the whole country emphasizing adjust the energy structure and upgrade industrial structure, which leading the mining enterprises easily have financial crisis and shortage of funds. if the mining enterprises want to break the bottleneck of development, it must take advantage of they own assets to achieve commercial banks and financial institutions loans. Under this situation, as the main assets of mining enterprises-exploration rights should be take account of.From the present situation of China, the law allows exploration right as mortgage subject, but considering the special features of exploration right, which leading banks and financial institutions are very cautious on this kind business. What's more, some financial institutions directly refuse exploration rights as mortgage subject for avoiding the risks which might bring. However, with the development of Chinese economy, the demanding of mineral resources is increasing largely. The increasing of mineral resources brings about the increase of mineral enterprises which promote the financing ability of mineral enterprises to some extent. if the mineral enterprises want to gain more funds, the enterprises must provide enough property warranty. At that time, exploration right, as the main assets of mineral enterprise, is under the financial institutions consideration. Using exploration right as mortgage inevitably becomes a trend.The foundation of this paper is based on the funds of mineral enterprises development, from the perspective of exploration right mortgage. Through the typical exploration right mortgage loan cases, the author will analyzing the focuses of law controversies and summarizing the main risks factors on present Chin exploration right mortgage. The whole paper is mainly through illustrating China exploration right ownership in the history which from the right of administrative permission to clearly the right of property and discuss China academia opinion on exploration right. Then the author combi9 ne the features of exploration right to demonstrate the author opinion. After clarifying the ownership of exploration right. This essay will adopt the general order of setting exploration right mortgage, which setting exploration right mortgage to it taking effect and finally compliment of exploration right mortgage. Lastly, the author would elaborate the law risks might have in every phase, especially, argument and analysis of law risks. The paper will emphasizing analysis and argument of leasing exploration right mortgage, the validity of mortgage registration and the achievement of mortgage. At the same time, discussing the present China's law risks on normalizing exploration right mortgage. Through analysis exploration right mortgage risks on every stage, and disputing the weakness of laws and regulations, the author summarizes the present situation and prominent questions of China exploration right mortgage. Lastly under the risks on every stage and combined exploration right, the nature of exploration right quasi-property, the author proposed his suggestion on risk prevention from law making and specific system. The author hope this paper would have some contribution to the market of exploration right mortgage. |
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