Citation: | SHI Yong, SI Jiangfu, YAO Zhen. Adverse effects of improper judicial seizure of mining rights and suggestions[J]. CHINA MINING MAGAZINE, 2023, 32(5): 29-33. DOI: 10.12075/j.issn.1004-4051.2023.05.001 |
In assisting the judicial department to seal up mining licenses,divides mining license seizures into Three types are set up,including the type of encumbrance with burden of power,the type of closure of prohibited items of value-added items,and the type of closure of prohibited items that are not clear.Since there are many mining license changes registered,the transfer change is only one of the mining license changes.At the time of seizure,it is forbidden to go through the procedures for changing the mining license,not only the procedures for changing the transfer of the mining license,but also all changes.This paper examines whether the change registration of mining licenses will have an appreciation or depreciation impact on mining rights assets,and divides mining license government services into "value-added" and "entitlement-encumbered",and analyzes changes in industrial policies and mineral resources.The adjustment of management regulations and the change of the conditions for the occurrence of mineral resources,etc.,if the mining right holder is prohibited from handling the "value-added" change registration during the seizure period,it will cause serious losses to the interests of the mining right holder and the creditor,further intensify the contradiction,and even due to the policy of mineral resources management,the mining rights have been lost.Suggestions are made accordingly that the judicial seizure of mining licenses should standardize the prohibition of registration changes,which is not only convenient for urging mining rights holders to fulfill their obligations to repay debts,but also conducive to mining rights management departments to use policies to help enterprises improve their ability to perform debt repayments.It is more appropriate to describe the additional conditions in the notice of assistance in enforcement by "setting up a right burden sequestering type".