最高人民法院发布《关于审理矿产资源纠纷案件适用法律若干问题的解释》
Yang Shi Wang·2026-01-21 03:45

Core Viewpoint - The Supreme People's Court of China has issued an interpretation regarding the application of laws in mineral resource dispute cases, effective from February 1, 2026, aimed at enhancing legal clarity and protecting the rights of parties involved in mineral resource disputes [1][20]. Group 1: Background of the Interpretation - Mineral resources are crucial for economic and social development, and their exploration and development are closely tied to national security and public welfare [2]. - The interpretation aligns with the directives from the Central Committee and the State Council on promoting sustainable resource use and ecological protection [2]. - The new Mineral Resources Law, effective from July 1, 2025, introduces significant reforms in mineral resource management and aims to ensure the safety and legal rights of mineral rights holders [2]. Group 2: Principles of Drafting the Interpretation - The interpretation strictly adheres to existing laws, including the Civil Code and the new Mineral Resources Law, ensuring alignment with legislative intent [4]. - It is problem-oriented, addressing prevalent issues in mineral resource disputes identified through extensive research and consultation [5]. - The interpretation aims to protect the legitimate rights of mineral rights holders while balancing national interests and ecological protection [6]. Group 3: Main Content of the Interpretation - The interpretation consists of 23 articles detailing the validity and termination of mineral rights transfer contracts, emphasizing that such contracts take effect upon legal establishment unless otherwise specified [7]. - It clarifies the legal status of contracts for exploration and mining without established mineral rights, declaring them invalid to protect state ownership of mineral resources [8]. - The interpretation addresses the effectiveness of contracts for exploration and mining in protected areas, declaring those that violate environmental laws as invalid [8]. - It outlines the compensation responsibilities for construction projects that infringe on mineral resources, ensuring fair compensation for affected mineral rights holders [10][18].

最高人民法院发布《关于审理矿产资源纠纷案件适用法律若干问题的解释》 - Reportify