Analysis Of Contract Disputes Of Mining Right Between Xu Long Tao And Shi Mian County Jinsheng Mineral Business Department

Mineral resources as a non renewable resource, is an important material basis fo r social and economic development. It is the power source of a country's economic development, the development process of the healthy development of mining industry is very important to the entire national economy. China as a individual mineral possession of relatively low country, how to effectively use legal and administrative means to promote the development of the mining right is particularly important. For a long time China's mineral resources basically implement the administrative allocation, exploration and exploitation are arranged by the state plan. With the development of market economy in China, the planned economy management mode has many shortcomings. Too much administrative intervention not only hindered the healthy development of the mining market, also mining administrative examination and approval system also easy to breed corruption in the government sector.The 1996 amendments to the "mineral resources law" expressly provides for the first time can be limited to transfer of mining rights. I n 1999 the contract law and its judicial interpretation relating to the contract establishment, the requirements for the entry into force of different laws under the planned economy, the property law of 2007 the mining right is defined as a usufructuary right. These legislative changes under the condition of planned economy to determine the mining rights transfer to the provisions of the administrative examination and approval presents a serious challenge, in practice also showed many problems. Analysis of contract disputes of mining right between Xu Long Tao and Shi Mian county Jin Sheng mineral business department case is typically reflects the legal issues in the contract for the transfer of mining right, mining company shareholders equity transfer behavior is not should be identified as the transfer of mining right; mining rights deal the two sides signed the joint venture cooperation contract " properties to determine the; without the approval of the transfer of mining rights in the contract if the parties binding. Based on method of combing and the use of legal knowledge, the author through ownership and mining rights comparison equity transfer can not lead to the transfer of mining rights, in addition to the case in the mines, the joint venture cooperation contract " identified for mining right transfer contract should be divided into situation analysis of its causes. Finally, the author believes that at this stage the definition of mining right transfer contract for established but was not in effect at the time the contract is a steady approach, but in the long run should regard it as a valid contract to deal with.