Introduction to Assessment

The evaluation of mining rights plays an important role in the whole process of the operation of the mining rights market, including: the evaluation of mining rights in the granting, transfer and mortgage of mining rights, the evaluation of mining rights in the listing and trading of stocks, the evaluation of mining rights in the restructuring, merger, separation and acquisition between mining companies and exploration companies, and the evaluation of mining rights of some typical mining projects by the government to strengthen the macro-control of the mining rights market, Mining right evaluation for the decision-making of the company's directors. The evaluation of mining rights is an integral part of the transfer of mining rights.

Classification of mining rights

Mining right is a relatively complex concept. To understand its exact meaning, it is necessary to analyze it. In fact, mining right is a bundle of rights, which is composed of a series of related rights. Let's take a look at the western countries' understanding of mining rights. Australia divides mineral property rights into three categories, namely, exploration right, mining right and evaluation right. The mining right system in Japan is mainly based on the license system, which can be divided into the drilling right system and the mining right system. Moreover, it is stipulated that the enterprises that have obtained the drilling right enjoy the mining priority of the explored mineral deposit when the proved exploration area has minerals and is suitable for mining. Based on the analysis of the concept of mining right by Chinese and foreign academic circles, we find that some scholars directly set a mining right without distinguishing between exploration right and mining right; Some scholars divide prospecting right into exclusive prospecting right and non exclusive prospecting right, and mining right constitutes three categories; Others add a mineral appraisal right on the basis of the two types of exploration rights and mining rights, so it becomes the quartering method. In China, the mining right is divided into prospecting right and mining right. Therefore, the mining right in China is also called prospecting right and mining right. The so-called exploration right refers to the right to explore mineral resources and give priority to the mining right of mineral resources in the operation area within the scope of the legally obtained exploration license. The unit or individual that has obtained the exploration license is called the exploration right holder. The so-called mining right refers to the right to mine mineral resources and obtain mined mineral products within the scope of the mining license obtained according to law. The unit or individual that has obtained the mining license is called the mining right holder.

Legal relations

The development of mining industry brings about five kinds of social relations that should be adjusted and regulated by law: the legal relationship of mineral resources ownership, the legal relationship of mineral resources exploration, the legal relationship of mineral resources mining, the legal relationship of mineral resources transfer, and the legal relationship of mineral resources environment. The objects of these five legal relationships are five rights: mining ownership, mining exploration right, mining mining right, mining transfer right, mining environment right.

Law is the adjustment of social relations, and legal relations are social relations adjusted by law. Legal relationship is an important social relationship, which is different from other social relationships in that it is a right obligation relationship formed according to law. "Without the operation of legal relations, it is impossible to make any technical analysis of legal issues; without the interaction of legal facts and legal relations, it is impossible to scientifically understand any legal decision". It can be seen that the analysis of legal relations is the premise and basis for us to study the legal system in a certain field. What social relations should mining laws adjust? Which social relations constitute mining legal relations? The answer to this question will provide a theoretical platform for defining the concept of mining rights. Based on the basic theory of legal relations in jurisprudence and the reality of China's mining development and management, China's mining legal relations should at least include the following legal relations:

Legal relationship of mineral resources ownership

As a natural object, mineral resources can be used by people. First of all, it is true that the ownership system. Therefore, the most basic composition of the mining legal relationship is the ownership relationship of mineral resources. This is a basic part of the mining legal system and the first problem to be solved in various countries. There are only different systems of ownership of mineral resources in the world, but no country does not have a system of ownership of mineral resources.

Legal relationship of mineral resources exploration

It is only the starting point of the legal relationship of mineral resources to which subject the mineral resources are declared to be owned. The geological characteristics of mineral resources determine that it is impossible for the owner to enjoy its utility without cost. Understanding the distribution and content of mineral resources in the crust is a very costly thing in itself. If ownership of mineral resources is the starting point of the mineral resources law, then mineral exploration is the starting point of the entire mining industry. The main legal relationship formed in the process of mineral exploration is the relationship between the prospector and the owner of mineral resources. In the country, it is the legal relationship between the prospector and the government as the representative of the country. In the legal relationship of mineral resources exploration, the surveyor and the government constitute the subject of the legal relationship, the mineral resources to be explored constitute the object of the legal relationship, and the content of the legal relationship of exploration is the exploration right.

Legal relationship of mineral resources exploitation

The exploration of mineral resources does not change the specific form of mineral resources. As a part of the crust, they are still not separated from the crust. In order to make mineral resources used by human beings, and to mine and process them, the legal relationship of mineral resources mining will be formed in this process. The subject of the legal relationship of mineral resources exploitation is the miner and the owner of mineral resources. The object of the legal relationship is the mineral resources as objects, and the content of the legal relationship is the mining right.

Legal relationship of mineral resources transfer

The transfer of mineral resources can be divided into two forms: one is the transfer of mineral resource entities in the form of natural objects; The other is the transfer of mining rights as a representative of mineral resource rights. In these two forms of transfer, if the transfer is between equal subjects, the relevant principles and spirit of the civil law should be applied; if the transfer is between unequal subjects, the administrative contract or the concept of social law should be applied to design the relevant system in the transfer. In the legal relationship of mineral resource transfer, the transferor and the transferee are the subjects of the legal relationship, mineral resources or the mining right representing the mineral resource rights are the ore bodies of the legal relationship, and the content of the legal relationship is the mining transfer right to be designed and demonstrated in this book.

Legal relationship of mineral resources and environment

The exploration and exploitation of mineral resources have changed the shape of the earth. This change is not only manifested in the change of crustal morphology, but also in the change of surface physical morphology. This kind of change has made great changes in the natural environment in which human beings live. In the exploration and exploitation of mineral resources and the development of mining industry, the legal relationship between mineral resources and environment has been formed. The subjects of the environmental legal relationship of mineral resources include the owner of mineral resources, the prospector of mineral resources, the exploiter of mineral resources, the user of mineral resources, etc. The object of the legal relationship of mineral resources is the environment related to the exploration and mining of mineral resources (including the natural environment and social environment), and the content of the legal relationship is the mining environmental right that will be designed and demonstrated originally.

Supplementary notes

Judgment on the value of mineral land to which mining rights are attached

The appraiser conducts a multifactor analysis of the current or future market based on the mineral land information and market information, and estimates the market value of the mining right on this basis. The evaluation of mining rights plays an important role in the whole process of the operation of the mining rights market, including: the evaluation of mining rights in the granting, transfer and mortgage of mining rights, the evaluation of mining rights in the listing and trading of stocks, the evaluation of mining rights in the restructuring, merger, separation and acquisition between mining companies and exploration companies, and the evaluation of mining rights of some typical mining projects by the government to strengthen the macro-control of the mining rights market, Mining right evaluation for the decision-making of the company's directors. The evaluation of mining rights is an integral part of the transfer of mining rights. The transfer of mining rights formed by state investment must be evaluated according to law, and the evaluation results shall be confirmed by the competent department of land and resources; The evaluation of the transfer of mining rights formed by non-state investment shall be decided by the parties themselves.

Methods and situations of mining right evaluation

When a new enterprise is established, if it uses the mining right as its contribution for pricing, the industrial and commercial department needs an evaluation report on the mining right. If an enterprise leases the mining right formed by the state investment, a compulsory evaluation is required. When an enterprise transfers, mortgages, credits and other disposals of mining rights, it needs to evaluate the mining rights. In addition, the fair value of the mining rights formed by non-state investment needs to be judged when transferring and pricing. The evaluation can provide a basic price basis for both the buyer and the seller. Exceptions that may not be assessed: For the exploration right and mining right formed by the state investment held by the original state-owned enterprise free of charge, if the civil subject needs to be changed due to the merger, division or reorganization of the enterprise without changing the nature of the sole state-owned enterprise, the value assessment of the exploration right and mining right may not be carried out, but the subject change procedures need to be handled according to law.