Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Mineral Resources Dispute Cases
Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Mineral Resources Dispute Cases
Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Mineral Resources Dispute Cases
Fa Shi [2026] No. 2
January 19, 2026
The Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Mineral Resources Dispute Cases, adopted at the 1961st meeting of the Judicial Committee of the Supreme People's Court on December 13, 2025, is hereby issued, effective as of February 1, 2026.
Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Mineral Resources Dispute Cases
(Adopted at the 1961st meeting of the Judicial Committee of the Supreme People's Court on December 13, 2025, and effective as of February 1, 2026)
This Interpretation is formulated in accordance with the Civil Code of the People's Republic of China, the Mineral Resources Law of the People's Republic of China, and other laws, and in light of judicial practice, to correctly adjudicate mineral resources dispute cases, strengthen the protection of mineral resources and the ecological environment, lawfully protect the legitimate rights and interests of the parties, and maintain market order and transaction security.
Article 1 Where a mineral rights granting authority, as grantor, enters into a mineral rights grant contract with a grantee, and a party requests confirmation that the contract takes effect as of the date of its lawful formation, the people's court shall support such request, unless otherwise provided by laws or administrative regulations or otherwise agreed by the parties.
Article 2 Where the grantor fails to process mineral rights registration for the grantee in accordance with the mineral rights grant contract, and still fails to do so within a reasonable period after being urged, or where, due to reasons attributable to the grantor, the grantee is unable, after acquiring the mineral rights, to lawfully obtain mining land for exploration or exploitation, the people's court shall, upon the grantee's request for termination of the grant contract, support such request.
Where the grantee fails to pay the mineral rights grant proceeds as agreed, resulting in the grantor's being unable to realize the purpose of the contract, the people's court shall, upon the grantor's request for termination of the grant contract, support such request.
Article 3 Where the parties enter into a contract to conduct exploration or exploitation of mineral resources for which no mineral rights have been established, in violation of paragraph 2 of Article 4 of the Mineral Resources Law, the people's court shall determine the contract to be invalid.
For contracts concerning cooperative exploration or exploitation or transfer based on mineral rights to be obtained in the future, where a party claims the contract is invalid solely on the ground that the cooperating party or transferor had not obtained the mineral rights at the time of contract formation, the people's court shall not support such claim.
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Fa Shi [2026] No. 2
January 19, 2026
The Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Mineral Resources Dispute Cases, adopted at the 1961st meeting of the Judicial Committee of the Supreme People's Court on December 13, 2025, is hereby issued, effective as of February 1, 2026.
Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Mineral Resources Dispute Cases
(Adopted at the 1961st meeting of the Judicial Committee of the Supreme People's Court on December 13, 2025, and effective as of February 1, 2026)
This Interpretation is formulated in accordance with the Civil Code of the People's Republic of China, the Mineral Resources Law of the People's Republic of China, and other laws, and in light of judicial practice, to correctly adjudicate mineral resources dispute cases, strengthen the protection of mineral resources and the ecological environment, lawfully protect the legitimate rights and interests of the parties, and maintain market order and transaction security.
Article 1 Where a mineral rights granting authority, as grantor, enters into a mineral rights grant contract with a grantee, and a party requests confirmation that the contract takes effect as of the date of its lawful formation, the people's court shall support such request, unless otherwise provided by laws or administrative regulations or otherwise agreed by the parties.
Article 2 Where the grantor fails to process mineral rights registration for the grantee in accordance with the mineral rights grant contract, and still fails to do so within a reasonable period after being urged, or where, due to reasons attributable to the grantor, the grantee is unable, after acquiring the mineral rights, to lawfully obtain mining land for exploration or exploitation, the people's court shall, upon the grantee's request for termination of the grant contract, support such request.
Where the grantee fails to pay the mineral rights grant proceeds as agreed, resulting in the grantor's being unable to realize the purpose of the contract, the people's court shall, upon the grantor's request for termination of the grant contract, support such request.
Article 3 Where the parties enter into a contract to conduct exploration or exploitation of mineral resources for which no mineral rights have been established, in violation of paragraph 2 of Article 4 of the Mineral Resources Law, the people's court shall determine the contract to be invalid.
For contracts concerning cooperative exploration or exploitation or transfer based on mineral rights to be obtained in the future, where a party claims the contract is invalid solely on the ground that the cooperating party or transferor had not obtained the mineral rights at the time of contract formation, the people's court shall not support such claim.
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