SPC Issues Interpretation on Several Issues Concerning the Application of Law in the Trial of Mineral Resources Dispute Cases

The Supreme People's Court (SPC) recently released the Interpretation on Several Issues Concerning the Application of Law in the Trial of Cases Involving Mineral Resources Disputes (the "Interpretation"), with effect from February 1, 2026.

The Interpretation, consisting of 23 articles, mainly involves: (1) clarifying the effectiveness and termination of contracts on the grant of mineral rights; (2) providing for the validity of exploration and mining contracts concluded without the establishment of mineral rights; (3) providing for the validity of exploration and mining contracts in special areas; (4) providing for the validity of transfer-related contracts, including contracts on the transfer of mineral rights, capital contribution at appraised value, mortgage, and cooperative exploration and mining; (5) specifying the scope of losses arising from cross-boundary exploration and mining; and (6) specifying the compensation liability and scope for mineral resources overlaid by construction projects involving the public interest. Notably, to address inconsistencies arising from the judicial practice in the determination of the scope of damages for cross-boundary exploration and mining, the Interpretation adopts an enumeration approach by separately specifying the scope of losses for mining rights and exploration rights, thereby unifying adjudication standards.



(Source: https://www.court.gov.cn/zixun/xiangqing/487001.html)

Note: The link to the Chinese official website of the document is for your reference.