矿业权抵押备案制度改革建议

Reform Proposals for the Mortgage Filing System of Mining Right

矿业权作为一种用益物权,应当依法进行流通和转让。矿业权抵押市场需求日益广泛,但是相关的配套制度并没有完全建立起来,导致实践中矛盾比较突出。分析了矿业权抵押的制度现状以及存在问题,重点分析了抵押各方风险与预防机制,提出了完善我国矿业权抵押的对策建议。

As a usufructuary right, the circulation and transfer of mining right should be conducted based on laws.The market demands of mining right mortgage are increasing extensively, but the relevant supporting system is not completely established, which leads to contradiction in practice. This paper analyzed present mortgage system of mining right and existing problems, focused on risk and prevention mechanism of the different parties in mortgage, and put forward some countermeas-ures and suggestions on how to complete the mortgage system of mining right in our country.