Study On The Legal Problems Of The Mining Right Hypothec

The legal system and norm about mining right s hypothec means that this legal system can impact wheather the hypothec realizes. The problems on m ining rights hypothec realization are the defect of the legal system and norm about mining rights hypothec. At present, the legal system and norm about mini ng rights hypothec are incomplete during the process of fulfillment. It influences effectively exertion of mining rights hypothec, reduces possibility of debt implement and affects practical value of mining rights hypothec. During the process of fulfillmen t, the problems influence effective protection of hypothec to creditor’s rights and further affect convenience and reliability of mining rights financing. The mining enterprises effectively use mining rights for mortgage financing. It expands production sc ale. There are few legal basis and many obstacles in actual practice about effective administration of mortgage financing on mining rights hypothec.Nowadays, the major problems are that mortgage assessment mechanism is imperfect, the relationship between administrative licensing and mortgage rights is chaotic, it is difficult to realize mortgage assets, rights registration system is incomplete and there is no right for pledgee to help himself when the mining rights devalues. The mining rights hypothec takes high risks. It is not smooth during the process of fulfillment. The reason is partly because the stipulation is lag, partly because it is inconsistent with property rights theory, partly because it leads to difficulties of legal practice. Although some problems are to regulate establishment of mining rights hypothec, they will finally affect realization of hypothec. Some problems have nothing to do with responsibility of mortgager, but they will influence interests of creditor. The rights and obligations of both sides should be adjusted. This thesis focuses on rationality of legal system about realization of mining rights hypothec. It explores how to solve existing problems and improve legal system. The thesis involves many aspects, such as construction o f legal system, reasonable operation of legal practice, unity of legal provisions and academic theory. It analyzes causes of the problems and look for related strategy. It fundamentally searches for related solutions, probes into put forward limit, consumm ate measures and ensure feasibility, scientificity, validity of legal system. It is hoped that this thesis will pave the way for improvement of legal system about mining rights hypothec.