Analysis About The Effect Of Transfer Of Mining Rights Contract

Mineral resources are significant to a country,which constitute the groundwork for social and human development.Allocating mineral resources properly not only relate to public benefit,but also matter a country's economy,as minerals are non-renewable.Healthy and well-organized mining market relies on a complete legal system of transferring mining right.Parties transfer mining right by signing a contract of transferring mining rights.Under contract law,transfer of mining rights contract would be effective when it was established.However,there is an exception to the general rule,contract shall become effective upon the administrative approval.Government limits transfer of mining rights which are the eligible for mineral exploration,because mineral resources are necessary to Chinese economy.Under the regulation of mining rights transfer,transfer of mining rights contract shall be effective on the day when government approves it.Therefore,it raises some issues of the relationship between administrative approval and transfer mining rights contract.First,I dissect the concept of mining rights.I then introduce Chinese legal system of transfer of mining rights chronological and by the way of analyzing different laws.Second,in order to analyze:(1)the relationship between administrative approval and the effect of transferring of mining rights contract;and(2)the conflict about transferring of mining rights of mining companies and free transferability of shares,I illustrate three holdings: invalidity,validity and ineffective,indicate the issues of transferring mining rights cases in practice.Finally,consider the situation of China,my objective here is to find a better method of transferring mining rights.I put forth that the government could change the idea of legislation,use distinctive principle,emphasis freedom of contract,correct the theory of the obligation to submit approval,and lead parties by following good faith.