Research On Judicial Remedies For Disputes Over The Transfer Of Natural Resources Use Rights

The agreement on assignment of the right to use natural resources plays an indisputable role in promoting the paid use of natural resources,the development of the natural resource trading market,and activating the vitality of the socialist market economy in the field of natural resources.From the perspective of the process of natural resource utilization and development,the agreement on assignment of natural resource use rights is a transformation of the administrative mode of natural resource management administrative organs,and it is also a new exploration in the field of natural resources law.With the development of resource economy and green economy,the application of natural resource use rights assignment agreement is also more and more extensive.This wide application reflects that the natural resource use right assignment agreement will become a common form of paid use of natural resources,and plays an increasingly important role in practice.The assignment agreement of the right to use natural resources is presented in the form of a contract,and the content is that the administrative organs perform the functions of managing natural resources.This special combination form makes the assignment agreement of the right to use natural resources show a mixed state in nature.In 2019,“ The Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Administrative Agreement Cases”include agreements on the transfer of state-owned natural resources such as mining rights into the scope of administrative agreements,and stipulate remedies and adjudication methods,which have certain guiding significance for resolving disputes over natural resource use rights transfer agreements in practice.Disputes over resource use rights assignment agreements have certain guiding significance.Although the law has clearly stipulated that the mining rights assignment agreement is an administrative agreement,the application of the natural resource use right assignment agreement is not limited to the field of mining rights.In the field of fishery rights,the field of state-owned land use rights and other fields of natural resource use rights,natural resource use rights assignment agreements have emerged,and have gradually developed in different fields.They are also widely used and show a spiraling upward trend.In practice,disputes over assignment agreements of natural resource use rights continue to emerge,but there are still many unresolved issues concerning their remedies.First of all,the implicit and ambiguous provisions of the scope of the agreement have brought a lot of trouble to the dispute resolution in judicial practice,and cannot solve the legal application of the developing natural resource use right assignment agreement,and then encountered obstacles in judicial relief and protection of the rights and interests of the parties.Secondly,the ambiguity of the review rules for the agreement on the assignment of natural resource use rights makes the focus of the court in the trial of the case different,which has a negative impact on the authority of the judiciary and the protection of the interests of the parties.Thirdly,there are different degrees of defects in judicial relief for the parties' breach of contract.In response to these problems,this paper starts with the concept of the assignment agreement of natural resource use right,through the reference of the nature and relief of foreign administrative agreements,on the basis of existing legal norms in my country,to clarify the nature of the administrative agreement of the assignment agreement of natural resource use right;Systematically sort out the legal norms for assignment agreements of natural resource use rights;improve relevant legislation;integrate legal norms in the administrative and civil fields during the litigation process;my country's natural resource legal system has important practical significance.