摘要
矿业权流转是矿业投资的主要形式,矿业权流转的风险性和不确定性因素较多。矿业权流转需要满足法律、法规、地方性法规、地方政府规章、行政主管部门各种政策规定的条件,同时还要履行严格的审批程序,否则会导致矿业权流转失败而产生法律风险。矿业权流转中当事人既要掌握和了解原矿业权人是否存在未依法履行或违反法定义务的情形,还要注意受让人在受让矿业权后要继续履行原持有人应当履行的各种义务等情形所面临的法律风险。因此,加强法律风险防范意识,预防矿业权流转中可能产生的民事或刑事责任,预防法律风险是确保矿业权流转成功,为矿业权人实现投资利益的关键所在。
The transfer of mining right is the main form of mining investment, there are many risks and uncertainties in the transfer of mining right. The transfer of mining right needs to meet the conditions stipulated by laws, regulations, local regulations, local government regulations and various regulations of administrative departments, meanwhile, it must also carry out strict examination and approval procedures, otherwise, legal risks arising from the failure of mining right transformation. In the transfer of mining rights, the parties must obtain and understand whether or not the original mining rights holders have performed according to the law or violate the legal obligations, they also need to notice that legal risks arise in circumstances such as the transferee must continue to perform the various duties that the original holder should perform after receiving the mining rights. Therefore, strengthening the awareness of legal risk prevention, preventing civil or criminal responsibility that may arise in the transfer of mining right, and preventing legal risks are the keys to ensuring the successful transfer of mining right and realizing investment interests for mining right holders.
作者
王明宏
WANG Minghong(Qinghai Bureau of Coal Geology,Xining 810001,China)
出处
《中国国土资源经济》
2018年第11期4-9,共6页
Natural Resource Economics of China
关键词
矿业权
流转
民事责任
刑事责任
防范
mining right
transformation
civil responsibility
criminal responsibility
prevention
