Study On The Legal Issues Concerning Mining Right Contracting

The law of our country of mining right,which mainly includes prospecting right and mining right,through the process from prohibition to opening up.The circulation market of mining right includes the primary market with the government transfer and the secondary market with the core of transfer.Mining right contracting is covered in the secondary market.There are generally two typical forms: One is not prohibited by law,the mining rights of the operation or labor contract content,the other is to illegally transfer mining rights in the name of mining rights contracting.However,because laws do not make clear and systematic provisions on mining rights contracting,it is easy to cause controversy.Based on the problem,the paper uses literature,case analysis and other research methods to study the legal issues related to mining rights contracting,in order to find a good solution.The details are as follows:First of all,through the study of relevant laws and regulations,judicial interpretation and policies,the meaning,types,characteristics and the basic attitude of the state towards mining right contracting are clarified.The mining right contracting and contract with legal nature of management and labor services shall be established and come into effect as long as there are no other illegal reasons.The law prohibits illegal "contracting" and contracts that transfer mining rights in the name of contracting for the purpose of evading administrative examination.Because of its intention to evade responsibility is too obvious and easy to produce many hazards.Secondly,through the reading of the specific cases published in the judgment document network,analyzes the case basis of the mining contract dispute cases in the court's trial practice.The most important basis is whether the ownership of mining rights has changed in mining rights contracting.Finally,on the basis of understanding the causes and harmful results of the "false" mining contract,puts forward that China should build a more complete legal system of mining contract.The legality of mining right contracting and contract should be clearly recognized by law,and the judiciary,the executive branch should crack down on illegal mining right transfer in the name of contracting while supervising the implementation of the legal system.Through the research,hope to contribute to the improvement of the legal system of mining rights in China.