权证分离制度
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新矿法解读|强化矿业权物权保护 促进矿业市场健康发展
Zhong Guo Zi Ran Zi Yuan Bao· 2025-09-05 01:44
Core Viewpoint - The newly revised Mineral Resources Law, effective from July 1, 2025, introduces a "separation of rights and certificates" system, which separates the registration of mining rights from the licensing for exploration and extraction, marking a significant shift in the management of mineral resources in China [1][5]. Group 1: Evolution of the System - The previous system of "one certificate carrying two rights" allowed exploration and mining licenses to serve dual functions, which created legal ambiguities and practical issues over time [3][4]. - The 2007 Property Law and the 2020 Civil Code clarified the property nature of mining rights, necessitating a separation of rights registration from administrative licensing [4][5]. Group 2: Legal Implications of the "Separation of Rights and Certificates" System - The new law establishes a clear distinction between mining rights certificates and exploration/mining licenses, enhancing the legal status of mining rights and ensuring their protection [7][9]. - The management process is restructured to prioritize rights confirmation before licensing, ensuring that mining rights are stable and protected from arbitrary administrative actions [8][11]. Group 3: Impact on Property Protection and Market Order - The "separation of rights and certificates" system provides mining rights holders with stable legal expectations and protections, preventing arbitrary cancellation of rights due to administrative decisions [11][12]. - The new law simplifies the transfer of mining rights, eliminating the need for prior approval from authorities, which encourages market activity and reduces transaction costs [12][13]. - The establishment of a unified national mining rights registry enhances transparency and reduces transaction risks, allowing stakeholders to verify rights status easily [12][13].