Recognition Of Public Interest In The Transfer Of Mining Rights

This paper focuses on the recognition of public interest in the transfer of mining rights.On the basis of comparative investigation of the relevant cases of the Supreme Court on the basis of comparative investigation of the relevant cases,the author comments on the determination of the damage to the social and public interests in the transfer of mining rights on the basis of the case of agency disputes concerning the transfer of mining rights.This paper holds that the court should take a prudent attitude when denying the validity of the transfer contract of mining rights on the grounds of harming the public interest.Specifically,only if the transfer of mining rights may seriously damage the order of supervision and development of mineral resources,damage the public interests of the environment,and transfer mining rights to the subject without qualification through legal form should be explored.Mining,named as leasing,contracting,cooperation is the disguised transfer of mining rights,and then increase the risk of exploration,mining process,the court can make invalid value judgment on the transfer behavior;Where the transfer by the mining owner only does not involve the exploration of mining resources,the component of the mining safety performance control requirement or the transfer of the component relating to the safety performance control requirement has in fact changed and other alternative measures exist,The court shall uphold the position of modesty in determining the validity of the transfer,In order to achieve the balance between safeguarding public interests and ensuring the orderly circulation and utilization of mineral resources.Judicial interpretation of the legal issues applicable to the trial of mining right disputes by Supreme Court.Overall failure to pay attention to "General principles of Civil Law" to "Civil Law" The Evolution of the Legislative idea of Social Public interest in the General principles,The legal boundary of social public interest is not clear,except that there is a large amount of space,which fails to rationally understand and deal with the relationship between commercial activities and social public interests.In view of this,it is the best choice to pay attention to the change of legislative idea and to amend the concrete rules as a whole.In the case that the amendment cannot be realized in the short term,the existing thinking of application and confirmation should be corrected.From paying too much attention to risk prevention,we should pay equal attention to prevention and reasonable circulation.