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Hello everyone, today we will learn together Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in Trial of Mining Rights Disputes (2021.1.1).
Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in Trial of Mining Rights Disputes
(adopted by the 1710th meeting of the Judicial Committee of the Supreme People's Court on February 20, 2017, and according to the "Supreme People's Court on Amendment of the "Supreme People's Court on the Application of the Civil Trial Work" by the 1823rd meeting of the Judicial Committee of the Supreme People's Court on December 23, 2020 The "Interpretation of Several Issues Concerning the Trade Union Law of the People's Republic of China" and other twenty-seven Civil Judicial Interpretations" amended)
In order to correctly hear cases of mining rights disputes and protect the legitimate rights and interests of the parties in accordance with the law, this interpretation is formulated in accordance with the provisions of " Civil Code of the People's Republic of China ", " Mineral Resources Law of the People's Republic of China ", " Environmental Protection Law of the People's Republic of China ", and other laws and regulations, combined with trial practice.
Article 1 People's Court shall protect the transfer of mining rights in accordance with the law, maintain market order and transaction security, ensure the rational development and utilization of mineral resources, and promote resource conservation and environmental protection.
Article 2 The natural resources department of the people's government at or above the county level shall be the transfer contract signed by the transferor and the transferee. Unless otherwise provided by laws and administrative regulations , the parties request to confirm that it will take effect from the date of establishment in accordance with the law, the people's court shall support it.
Article 3 If the assignee requests to confirm his prospecting rights and mining rights from the start date of the validity date stated in the mineral resource exploration license and mining license , the people's court shall support it.
After the mining rights transfer contract takes effect, before the mineral resource exploration license or mining license is issued, if a third party crosses the boundary or illegally explores and mines in other ways, and with the consent of the transferor, who has actually occupied the exploration operation area or mining area, and requests the third party to bear the tort liability such as stopping infringement, eliminating obstacles, and compensating for losses, the people's court shall support it.
Article 4 If the transferor fails to transfer the exploration operation area or mining area in accordance with the provisions of the transfer contract, issue a mineral resource exploration license or mining license, and the transferee requests to terminate the transfer contract, the people's court shall support it.
If the assignee explores and exploits mineral resources without meeting the requirements of the mine geological environmental protection and land reclamation plan approved by the natural resources competent department, refuses to correct the situation within the time limit stipulated by the natural resources competent department, or is revoked for violating laws and regulations, or fails to pay the mining rights transfer price in accordance with the provisions of the transfer contract, and the transferor terminates the transfer contract, the people's court shall support it.
Article 5 If a mineral resource exploration license or mining license is not obtained and a contract is signed to hand over the mineral resources to others for exploration and mining, the people's court shall determine that the contract is invalid in accordance with the law.
Article 6 The mining rights transfer contract is legally binding from the date of its establishment in accordance with the law. If the transfer application for mining rights transfer is not approved by the natural resources authority and the transferee requests the transferor to go through the registration procedures for mining rights change, the people's court will not support it.
If the parties only request to confirm that the transfer contract is invalid on the grounds that the application for transfer of mining rights has not been approved by the natural resources authority, the people's court will not support it.
Article 7 After a mining rights transfer contract is established in accordance with the law, if the transferee requests the transferor to fulfill the obligation to submit and approve or the transferee requests the transferee to fulfill the obligation to submit and approve, the people's court shall support it, except if the conditions for performance are not met legally or in fact.
The people's court may, based on the facts of the case and the transferee's request, rule that the transferee handles the approval procedures on his behalf, and the transferee shall fulfill the obligation of assistance and bear the expenses incurred.
Article 8 After the transfer contract for mining rights is established in accordance with the law, if the transferor refuses to fulfill the obligation to submit and approve without a legitimate reason, and the transferor requests to terminate the contract, return the paid transfer payment and interest, and the transferor shall bear the liability for breach of contract, the people's court shall support it.
Article 9 The mining rights transfer contract stipulates that the transferee will complete the approval procedures after paying all or part of the transfer payment. If the transferee requests the transferee to perform the payment obligation first before completing the approval procedures, the people's court shall support it, except where the transferee has definite evidence to prove that the transferee transfers the same mining rights to a third party, and the mining rights holder will be merged and reorganized, etc., in accordance with the provisions of Article 527 of the Civil Code of of .
Article 10 If the natural resources authority fails to approve the application for transfer of mining rights, causes the mining rights transfer contract to be terminated, the transferee requests the return of the paid transfer payment and interest, the mining right holder requests the transferee to return the mineral products and benefits obtained, or the prospecting right holder requests the transferee to return the exploration information and the mineral products and benefits recovered during the exploration, the people's court shall support it, but the transferee may request deduction of the relevant costs and expenses.
If one party is at fault for the failure to approve the mining rights transfer application, the other party shall compensate for the losses suffered by the other party; if both parties are at fault, they shall bear corresponding responsibilities.
Article 11 After the mining rights transfer contract is established in accordance with the law and before the natural resources authority approval, the mining right holder transfers the mining right to a third party and has been approved and registered with the natural resources authority. The transferee requests to terminate the transfer contract, return the paid transfer payment and interest, and the mining right holder bears the liability for breach of contract, the people's court shall support it.
Article 12 If the parties request to confirm the mining rights leasing and the contract will take effect from the date of its establishment in accordance with the law, the people's court shall support it.
If the mining rights leasing and contracting contract stipulate that the mining rights holder only collects rent and contract fees, waives the mining management, fails to fulfill the legal obligations such as production safety and ecological environment restoration, and does not bear corresponding legal responsibilities, the people's court shall determine that the contract is invalid in accordance with the law.
Article 13 If the contract signed by the mining right holder cooperates with others to conduct mineral resource exploration and mining, and the parties request confirmation to take effect from the date of establishment in accordance with the law, the people's court shall support it. The provisions of this interpretation regarding the transfer of mining rights in the contract shall be subject to the provisions of this interpretation regarding the transfer of mining rights.
Article 14 If the mining right holder guarantees the performance of his or her own debts for and mortgages the mining right to the creditor, the mortgage contract shall take effect from the date of its establishment in accordance with the law, except where the mortgage shall not be guaranteed as stipulated by laws and administrative regulations.
If the parties only request to confirm that the mortgage contract is invalid without the approval of the competent department or registration or filing, the people's court will not support it.
Article 15 If the parties request to confirm the mining rights to mortgage rights is established when registering in accordance with the law, the people's court shall support it.
The mining rights mortgage filing procedures handled by the natural resources competent department that issues a mineral resource exploration license or mining license in accordance with relevant regulations shall be deemed to be the registration stipulated in the preceding paragraph.
Article 16 If the debtor fails to perform the due debt or the parties agree to realize the mortgage right, and the mortgagee applies for realizing the mortgage right in accordance with Articles 196 and 197 of the Civil Procedure Law of , the people's court may auction, sell the mining rights or rule to use the mining rights to offset the debt, but the mining rights bidder and transferee should have the corresponding qualifications.
Article 17 If the mortgage of mining rights is caused by the mortgagor being merged and reorganized or the deposit being crushed, the people's court shall support it if the mortgagee requests priority to pay for the insurance, compensation or compensation obtained by the mortgagor or deposit the money, the people's court shall support it.
Article 18 If the parties agree to explore and mine mineral resources in nature reserves, scenic spots, key ecological functional areas, ecological environment sensitive areas and vulnerable areas, which violates the mandatory provisions of laws and administrative regulations or harms the public interests of the environment, the people's court shall determine that the contract is invalid in accordance with the law.
Article 19 If the tort liability dispute arising from cross-border exploration and mining of mineral resources involves repeated scope of exploration and mining approved by the natural resources competent department or the boundaries are unclear, the people's court shall inform the parties to apply to the natural resources competent department for resolution first.
Article 20 If the mining rights holder requests the infringer to bear the liability for torts such as stopping the infringer, eliminating obstacles, returning property, and compensating for losses due to others' cross-border exploration and exploitation of mineral resources, the people's court shall support it, except when the prospecting rights holder requests the infringer to return the mineral products and benefits mined over-border.
Article 21 If the exploration and mining of mineral resources causes environmental pollution, or lead to geological disasters, vegetation damage and other ecological damage, and the state-designated organs or organizations stipulated by law file a environmental public interest lawsuit, the people's court shall accept it in accordance with the law.
If the agency stipulated by the state or the organization stipulated by law filed a lawsuit to protect the national interests and the public interests of the environment, it will not affect the natural person, legal person and non-legal person organization that has suffered personal or property damage due to the same exploration and mining behavior.
Article 22 When the people's court finds illegal situations such as unlicensed exploration and mining, investigation qualifications, geological data falsification, or exploration and mining fails to fulfill its ecological environment restoration obligations, it may submit judicial recommendations to the relevant administrative department, and the person shall handle it in accordance with the law; if it is suspected of committing a crime, it shall be transferred to the investigative agency for handling in accordance with the law.
Article 23 After this interpretation is implemented, the provisions of this interpretation shall apply to the first-instance and second-instance cases that have not yet been concluded by the people's court. If an effective judgment has been made before the implementation of this interpretation, if this interpretation is retried in accordance with the law after the implementation of this interpretation, this interpretation will not apply.
Next issue, we will learn Interpretation of the Supreme People's Court on the application of legal issues in trial of sales contract dispute cases .
