On the morning of July 27, the Supreme People's Court held a press conference in Beijing to issue the Judicial Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Mining Rights Disputes. According to the provisions of the Interpretation, the parties agreed to investigate the exploitation of mineral resources in areas such as nature reserves, scenic spots, key ecological functional areas, ecologically sensitive areas and vulnerable areas, violation of the mandatory provisions of laws and administrative regulations or damage to environmental interests. The people's court shall determine that the contract is invalid according to law.
Zheng Xuelin, the president of the Supreme People's Court Environmental Resources Trial Court, pointed out that the people's courts should give full play to the functioning of the judiciary, conduct special examinations on the effectiveness of mining rights contracts in special areas such as nature reserves, and provide judicial services for the protection of ecological civilization.
Zheng Xuelin also mentioned the incident of the Qilian Mountain ecological environment that was reported by the Central Committee recently. He revealed at the press conference that after the central inspection team conducted special supervision on the Qilian Mountain area, the relevant departments of Gansu Province continued to carry out their own activities in the protected area. .
On July 20th, the Central Office and the State Council issued a circular on the ecological environment of the Qilian Mountain National Nature Reserve in Gansu. The report pointed out that the ecological environment damage of the Qilian Mountain Nature Reserve is outstanding. There are 14 exploration and mining rights in the reserve. After the State Council has clearly approved the violation of laws and regulations after the demarcation of protected areas, large-scale mining and prospecting activities have caused local vegetation damage, soil erosion and surface subsidence in the protected areas.
“Some places don’t want to count the economical accounts, but also the big accounts of ecological environmental protection.†Bitao, director of the Policy and Regulation Department of the Ministry of Environmental Protection, pointed out at the press conference that the Qilian Mountain Reserve is rich in ecological diversity and also an ecological environment. In extremely fragile and extremely sensitive areas, the value of environmental protection is much higher than the value of mineral resources.
Zheng Xuelin also pointed out at the press conference that the people's court's contractual determination of mining mineral resources in the nature reserve does not affect the administrative supervision and punishment of the land and resources and environmental protection authorities in accordance with the law.
The Director of the Policy and Regulation Department of the Ministry of Environmental Protection said at the press conference that "the legislation and the State Council's 1994 Regulations on Nature Reserves clearly stipulate ten acts prohibited in the protected area, clearly stipulated in the protected area. Mining is prohibited.", "There is a judicial interpretation of the people's court that violates the national ban and illegally exploits in the protected area and within this ecological red line. This is a violation of the ecological red line. At this point, the court can take the initiative to determine that Invalid contracts, through the judicial system to further protect and strengthen the protection of natural ecological zones, from the legislative, administrative, and judicial, everyone is jointly protecting ecological protection zones and stopping illegal exploitation and destruction."
Wei Lihua, director of the Policy and Regulation Department of the Ministry of Land and Resources, said that the mining rights transfer management system is an important part of the system of paid use of mineral resources and an important means of safeguarding all rights and interests of the country's mineral resources. On the basis of years of trial practice, the Supreme People's Court's judicial interpretation has made comprehensive, clear and detailed provisions on the effectiveness of mining rights transfer contracts, the acquisition of mining rights, and the removal of mining rights transfer contracts. It is of great significance to further rationalize the rights and obligations between the state ownership of mining resources and the mining rights subject, safeguard the legitimate rights and interests of all parties, and ensure the security of transactions.
The judicial interpretation issued this time also clearly stipulated the public interest litigation concerning the mining environment, pointing out that the environmental pollution caused by exploration and mining of mineral resources, or the ecological damage caused by geological disasters, vegetation damage, etc., the legal organs and relevant organizations filed public interest litigation The people's court shall accept the case according to law. The judicial interpretation also stipulated matters such as unlicensed exploration and mining, mining rights leasing, contracting, cooperation, the sale of the first mine and the cross-border exploration and mining, and established corresponding rules.
Attached:
The Supreme Law issues judicial interpretations on trials of mining rights disputes
The Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Mining Rights Disputes was adopted by the Supreme People's Court Judicial Committee at its 1710th meeting on February 20, 2017. It is hereby promulgated and will be implemented as of July 27, 2017. .
Supreme people's court
June 24, 2017
Supreme people's court
Interpretation of Several Issues Concerning the Application of Law in the Trial of Mining Rights Disputes
Law Interpretation [2017] No. 12
In order to properly handle cases of mining rights disputes, the lawful rights and interests of the parties shall be protected according to law, in accordance with the Law of the People's Republic of China on the Property Law, the Contract Law of the People's Republic of China, the Mineral Resources Law of the People's Republic of China, the Environmental Protection Law of the People's Republic of China, and other laws and regulations. In conjunction with trial practice, this interpretation is formulated.
Article 1 The people's courts shall examine the case of mineral rights disputes such as exploration rights and mining rights, protect the circulation of mining rights according to 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 competent department of land and resources of the people's government at or above the county level shall, as the contract for the transfer of mining rights signed between the transferor and the transferee, except where otherwise stipulated by laws and administrative regulations, the parties request confirmation of the effective date from the date of legal establishment, The people's court should support it.
Article 3 The people's court shall support the transferee's request to confirm its exploration and mining rights on the commencement date of the expiration date specified in the mineral resources exploration permit or mining license.
After the mining rights transfer contract takes effect, before the mineral resources exploration permit or mining license is issued, the third party crosses the border or otherwise illegally explores the mining. After the transferor agrees to have actually occupied the exploration operation area or the transferee of the mining area, the request The people's court shall support the three people to bear the tort liability for stopping the infringement, removing the obstacles, and compensating for the loss.
Article 4 If the transferor fails to transfer the exploration operation area or mining area, issue mineral resources exploration license or mining license according to the contract of the transfer contract, and the transferee requests to cancel the transfer contract, the people's court shall support it.
The transferee surveyed the mining mineral resources did not meet the requirements of the mine geological environment protection and treatment restoration plan approved by the competent land and resources department, refused to correct within the time limit prescribed by the competent land and resources department, or was revoked the mineral resources exploration license for violation of laws and regulations. If the mining license is not paid in accordance with the contract of the transfer contract, and the transferor requests to cancel the transfer contract, the people's court shall support it.
Article 5 If a mineral resources exploration permit or mining license is not obtained and a contract is signed to mine mineral resources for exploration and exploitation, the people's court shall determine that the contract is invalid.
Article 6 The mining rights transfer contract shall be legally binding from the date of its establishment according to law. If the application for the transfer of mining rights is not approved by the competent department of land and resources, and the transferee requests the transferor to go through the formalities for registration of changes in mining rights, the people's court shall not support it.
If the party requests to confirm that the transfer contract is invalid without the approval of the competent land and resources authority, the people's court shall not support it.
Article 7 After the mining rights transfer contract is established according to law, the people's court shall provide support, but not legally, if the transferee requests the transferor to perform the application for approval or the transferor requests the transferee to perform the obligation to assist the application for approval, the law shall Or in fact, except for those who do not have fulfillment conditions.
The people's court may, according to the facts of the case and the request of the assignee, decide the transferee to go through the formalities for approval, and the transferor shall perform the obligation of assistance and bear the expenses incurred.
Article 8 After the mining rights transfer contract is established according to law, the transferor refuses to perform the obligation of approval without justified reasons. If the transferee requests to terminate the contract, return the transferred transfer money and interest, and the transferor is liable for breach of contract, the people's court shall support it. .
Article 9 The mining rights transfer contract stipulates that the transferee shall go through the formalities for approval after paying all or part of the transfer payment. If the transferor requests the transferee to fulfill the payment obligation before applying for the approval, the people's court shall provide support, but the transferee has The exact evidence proves that there are cases where the transferor transfers the same mining right to a third party, and the mining right holder will be merged and reorganized, etc., in accordance with the provisions of Article 68 of the Contract Law.
Article 10 The competent department of land and resources shall not approve the application for the transfer of mining rights, resulting in the termination of the mining rights transfer contract, the transferee requesting the return of the transferred transfer money and interest, and the mining right holder requesting the transferee to return the mineral products and proceeds obtained, or Where the prospecting right owner requests the transferee to return the exploration materials and the mineral products recovered and recovered in the exploration, the people's court shall provide support, but the transferee may request deduction of the relevant cost.
If one party has made a mistake in the application for the transfer of mining rights without approval, it shall compensate the other party 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 according to law and before the approval of the competent land and resources department, the mining right owner transfers the mining rights to a third party and is approved and registered by the competent land and resources department. The transferee requests to terminate the transfer contract and return it. If the transferor and interest have been paid and the mining right holder is liable for breach of contract, the people's court shall support it.
Article 12 If the parties request to confirm that the mining rights lease and contract have been effective as of the date of legal establishment, the people's court shall provide support.
Mineral rights leasing, contract contract mining rights only person charged rent, the contract fee, mine management to give up, do not fulfill legal obligations safety, ecological restoration, which does not bear the corresponding legal responsibility, the people's court shall be deemed invalid contract law.
Article 13 If the mining right owner cooperates with others to carry out the contract signed by the mineral resources exploration and exploitation, the people's court shall provide support if the party requests confirmation of the entry into force from the date of legal establishment.
The provisions of the contract relating to the transfer of mining rights apply to the provisions of this interpretation regarding the transfer of mining rights.
Article 14 Where the mining right holder pledges the mining right to the creditor in order to guarantee the performance of the debt of himself or others, the mortgage contract shall take effect from the date of establishment according to law, except that the law or administrative regulations stipulate that it may not be mortgaged.
If the parties request to confirm that the mortgage contract is invalid without the approval of the competent department or registration or filing, the people's court shall not support it.
Article 15 Where the parties request to confirm the establishment of the mortgage right of mining rights from the time of legal registration, the people's court shall provide support.
The procedures for the filing of mining rights mortgages issued by the competent land and resources authorities that issue mineral resources exploration licenses or mining licenses in accordance with relevant regulations shall be deemed as the registrations stipulated in the preceding paragraph.
Article 16 Where the debtor fails to perform the debt due or the mortgage right is agreed upon by the parties, the mortgagee applies for the realization of the mortgage according to Articles 196 and 179 of the Civil Procedure Law. The court may auction, sell or sell the mining rights or decide to use the mining rights to offset the debt, but the mining rights bidders and assignees should have the corresponding qualifications.
Article 17 During the mortgage period of the mining rights, the mining rights shall be lost in whole or in part due to the merger or reorganization of the mortgagor or the deposit of the deposit, and the mortgagee shall request the payment of the insurance, compensation or compensation for the mortgagor. If the compensation is paid or the money is deposited, the people's court shall support it.
Article 18 The parties agree to investigate and exploit mineral resources in areas such as nature reserves, scenic spots, key ecological functional areas, ecologically sensitive areas and vulnerable areas, in violation of the mandatory provisions of laws and administrative regulations or damage to the public interest of the environment. The people's court shall determine that the contract is invalid according to law.
Article 19 Where a dispute over infringement liability arising from the exploitation of mineral resources is carried out by cross-border exploration, if the scope of exploration and exploitation approved by the competent department of land and resources is repeated or the boundary is unclear, the people's court shall inform the parties to apply to the competent land and resources department for settlement.
Article 20 If the mining right owner requests the infringer to bear the tort liability for stopping the infringement, removing the obstruction, returning the property, or compensating for the loss, the mining right holder shall provide support, but the prospecting right owner requests the infringer to return the cross-border. Except for mined mineral products and income.
Article 21 If the exploration and exploitation of mineral resources causes environmental pollution, or causes ecological damage such as geological disasters and vegetation damage, and the organs and relevant organizations provided by law initiate environmental public interest litigation, the people's court shall accept them according to law.
The law, organs and relevant organizations that initiate environmental public interest litigation shall not affect natural persons, legal persons and other organizations that have suffered personal or property damage as a result of the same exploration and exploitation, in accordance with the provisions of Article 119 of the Civil Procedure Law.
Article 22: In the trial of a case, the people's court may, if it discovers unlicensed exploration and exploitation, exploration qualifications, geological data falsification, or illegal exploration of the ecological environment restoration obligations, may make judicial recommendations to the relevant administrative department. It shall be dealt with according to law; if it is suspected of committing a crime, it shall be transferred to the investigating organ for handling.
Article 23 After the implementation of this Interpretation, the provisions of this Interpretation shall apply to the first-instance and second-instance cases that have not been concluded by the people's court. If the interpretation has already been made before the implementation of the interpretation, the interpretation shall not apply after the interpretation is carried out according to law.
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