Judgment path and rule reshaping of the validity of mining rights transfer contracts with lack of subject qualifications

For the validity of mining rights transfer contract with the lack of subject qualification, the diversity of the contract validity of the path of judgment and the plurality of theoretical evidence constitutes the difficulties of judicial practice. To judge the validity of the mining rights transfer contract with the lack of subject qualification, it has implicated with the unapproved mining rights transfer contract effect of judgment, but also presents an independent rule characteristics, its plurality of judgment path as well as diversity of theoretical interpretation, determined the research value of the continued existence. The uniformity of adjudication rules, the protection of faithful contractors, and the high-efficiency transfer of mining rights are among the value goals which put forward the demand for institutional supply for the reshaping of adjudication rules. The revision of the Mineral Resources Law should pay attention to differentiating the qualification of mining rights from the holding and exercising of mining rights, completing the untying of the qualification of the subject and the validity of the contract, realizing the complete separation of the qualification of the subject of the transfer of mining rights from the validity of the contract for the transfer of mining rights and also clearly stipulating that the contract for the transfer of mining rights shall take effect from the date of its establishment in principle, in order to avoid unnecessary disputes at the level of the theory of interpretation. In addition, the revision of the Mineral Resources Law needs to rigorously bind the relationship between the qualification of the main body and the exercise of mining rights, and implant the requirements of the State on the administrative order of the mining industry into the specific process of exercising the mining rights. In the judicial practice, the application of the principle of distinction established in Article 215 of the Civil Code can be considered, and the validity of contract can be considered as a transitional solution for the revision of the law that has not been completely completed.