Supreme Court Issues Interpretation on Legal Issues Regarding the Adjudication of Disputes over Mining Resources
On January 21, the Supreme People's Court issued an explanation on the application of laws in handling mineral resource disputes, focusing on prominent issues and practical challenges in mineral resource disputes, summarizing judicial experience, refining judicial rules, and responding to urgent needs in practice. The explanation will come into effect on February 1, 2026. The explanation consists of twenty-three articles, covering issues such as the validity and termination of mining rights transfer contracts, the effectiveness of exploration and exploitation contracts, the effectiveness of contracts in special areas for exploration and exploitation, the effectiveness of mining rights transfer, valuation and contribution contracts, mortgages, and contracts for cooperative exploration and exploitation, the scope of losses for cross-border exploration and exploitation, and the compensation responsibility and scope for overlapping mineral resources in public interest construction projects. The explanation fully protects the legitimate rights and interests of mining rights holders, clearly stipulating that if the acquirer is unable to lawfully obtain mining land for exploration and exploitation due to the transferor's reasons after acquiring mining rights, they have the right to terminate the contract, and ensures that the acquirer can promptly obtain mining rights and proceed with exploration and exploitation in accordance with the law, while promoting the implementation of the state's "net mineral transfer" reform measures.
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