| According"China’s Policy on Mineral Resources" white paper shows that since thefounding of New China, China continues to achieve a major breakthrough in geologicalprospecting. Nowadays, China has proven reserves of a hundred and fifty nine types ofminerals,20thousands of spots. It is a large amount of the mineral resource,12percent of the world’s total amount, ranking No.3in the world (The first and secondones are the United States and the former Soviet Union).However,national andprovincial current actual regulations generally require a one-time payment made at thetime of the transfer of mining rights and mining rights price of mineral resources to beused, resulting in huge capital investment in mining rights of investors, and the generaldifficulty in raising such a huge amount of money.Thus,mining companies forsustainable development can only obtain financing through right collateral tocompensate for the lack of liquidity operations. However, with the growing demand forfinancing, mortgage mining rights disputes are increasing. The fundamental reason isthat the country’s legal system tenements mortgage industry is still not perfect, and aconflict between the relevant legal system exist, hindering the results of mining rights tothe mortgage finance market development. Therefore, it is necessary to in-depth studymining rights, not only the theoretic research and promoting the field of maturelegislation, but also providing the special theory of law that support the miningcompanies and financial enterprises to play a positive role in a win-win situation.However, there is the problem of mortgage financing during the current miningrights:(1) the transfer of mining rights issue mortgage financing, such as making thevalue is difficult to determine the special attributes of mining rights, mining rights andmining rights information asymmetry mortgage financing mortgage registration time lagThe problem, the entry into force (2) mortgage financing; such as mining rights andmining rights mortgage registration system is weak secondary mortgage financing andmortgage issues into force.(3) the mortgage after mortgage finance implementation issues, such as administrative permission to intervene in civil law relations and lead toconflict, mining rights body strict eligibility restrictions resulting from the mortgageachieve greater mining rights mortgage valuation system is imperfect realization willaffect the mortgage has secured mining rights license is canceled will be difficult toachieve and the risks of mining rights mortgage mortgage rights and land rights conflictoccurred and other related issues.And for these legal risks of mining rights mortgage financing, the paper thought; itis necessary to accelerate the establishment of mining rights to information disclosureplatform reduces administrative intervention as a starting point. The second is tostrengthen the former mining rights mortgage financing risk system. When the first ofwhich is to strengthen the mining rights mortgagor due diligence followed to reduce therisk of internal control and risk prevention conclusion of the contract and, finally, toavoid the risk of mining rights leased after mortgage financing. Third, when thecommencement of mining rights mortgage finance risk prevention. To make thegovernment and relevant departments should improve the mining right mortgageregistration system as soon as possible, in the meantime, companies shoul and takemeasures on reducing risks of financing.The fourth is to avoid the risks of mortgagefinancing is implemented. For example, mining rights and land rights can conflictresolution methods, the consortium and collateralized mortgage resist risks of miningrights license was canceled mining rights to disappear when risk prevention andnotarized the mortgage contract can be given against the effectiveness and enforcementpower, advocate the consortium mortgages and for appropriate risk prevention andavoidance measures for the enforcement of notary and mortgage financing for miningrights in force when risk prevention. |
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