The Analysis Of The Cooperative Exploration Contract Dispute Between Lingang Company And Jinhe Company

Cooperative exploration contract as a kind of mining right,how to identify its legality,effectiveness and related responsibility when the contract is invalid,which not only relate to interests of all parties that have signed cooperative exploration contract,but is closely related to resources and environment.This article is from the perspective judicial practice,and cites specific cases of judicial practice,combing out the case of disputes,and regard the controversy as a guide,and conduct a comprehensive analysis for the disputed points involved in the mainstream theories,and analyzes the court’s decision and the trend of policy.The case studied in this paper has gone through two trial cases,which is different from the referee results of the second trial.The main differences are the legality,validity and responsibility of the contract.The judgment of the legality of the contract shall be carried out by the people’s court,and the other organs shall have no right to make decisions.When judging the validity of the mining right contract,the court can first retrieve whether the mining right contract violates the mandatory requirement.If the force is violated,the contract may be null and void according to article 52,paragraph 5,of the contract law.But if there is no violation of validity,it is also necessary to judge whether the contract violates the public interest.After the contract is confirmed invalid,the returned property shall be treated according to the unjust enrichment,and the compensation shall be treated according to the liability of the contracting parties.