On Jan 21, the Supreme People’s Court (SPC) issued a judicial interpretation on issues concerning the application of law in the adjudication of cases involving mineral resource disputes, which will take effect on Feb 1, 2026.
As 2026 marks the beginning of China’s 15th Five-Year Plan (2026-30), the issuance of the interpretation represents a concrete measure by the SPC to provide high-quality judicial services for high-quality economic and social development. It aims to guide courts at all levels in accurately implementing the Mineral Resources Law, properly handling mineral resource disputes, and safeguarding the lawful rights and interests of parties involved.
The interpretation is of practical significance for maintaining market order and transaction security, strengthening the protection of mineral resources and the ecological environment, and promoting the green transition in economic and social development, thereby contributing to the advancement of the Beautiful China initiative.
Mineral resources are crucial for economic and social development, and their exploration and development are closely linked to national security and people’s livelihoods.
The newly revised Mineral Resources Law, which was adopted at the 12th session of the 14th National People’s Congress Standing Committee on Nov 8, 2024, came into force on July 1, 2025. The revised law introduces a series of institutional arrangements concerning national mineral resource security, allocation of mining rights, registration of mining rights, mining land use, and ecological restoration in mining areas. This comprehensive, systematic, and transformative revision has significant implications for ensuring national mineral resource security, protecting the lawful rights and interests of mining right holders, and promoting high-quality development in the mining sector.
In 2017, the SPC issued an judicial interpretation on issues concerning the application of law in the adjudication of cases concerning mining rights disputes. Over the past eight years, it has played a positive role in standardizing the adjudication of cases involving effectiveness, performance and termination of mining rights transfer contracts and in unifying judicial standards.
Following the implementation of the newly revised Mineral Resources Law, many provisions of this interpretation needed modification and adjustment to reflect the latest legal changes. Meanwhile, with ongoing economic and social development, new issues have emerged in the judicial handling of disputes relating to mineral resources, necessitating unified adjudication rules to stabilize market expectations.
To ensure the effective implementation of the newly revised Mineral Resources Law, the SPC conducted in-depth research on issues arising in the adjudication of disputes relating to mineral resources. Through field research, symposiums, and systematic review of case databases and online Q&A sessions, the SPC identified frequently occurring issues in the adjudication of cases involving the acquisition and transfer of mining rights, cross-boundary exploration and mining, overburden of mineral resources, early recovery of mining rights, compensation for withdrawal, and public interest litigation concerning ecological restoration in mining areas. Following extensive consultations, research and coordination, the SPC formulated this new interpretation and simultaneously abolished the interpretation issued in 2017.
The drafting of the interpretation followed several key principles. First, it strictly adheres to the provisions of existing laws, including the Civil Code, the Civil Procedure Law, and the newly revised Mineral Resources Law, while accurately reflecting the legislative purpose and spirit behind the laws. Second, it takes a problem-oriented approach to address difficulties and prominent issues in handling mineral resource disputes by summarizing judicial experience and refining adjudication rules. Third, it fully protects the lawful rights and interests of mining right holders in line with the provisions of the newly revised Mineral Resources Law on registration of mining rights and the separation of rights and certificates. Fourth, it ensures coordinated protection of the State’s ownership of mineral resources and public interests in ecological conservation, promoting the green transition in economic and social development and supporting the Beautiful China initiative.
The interpretation, consisting of 23 articles, clarifies judicial rules for addressing several key issues. It clarifies the effectiveness and termination of mining right concession contracts, specifying that unless otherwise provided by laws or administrative regulations or agreed by the parties, such contract shall take effect from the date it is lawfully concluded. It also defines circumstances under which concession contracts may be terminated, including cases where the grantor fails to register the mining rights or provide access to mining land, or where the grantee fails to pay the agreed fees for mining rights.
The interpretation addresses the legal validity of exploration and mining contracts entered into before mining rights are established, distinguishing different situations to protect the State’s ownership and respect the property rights of mining right holders. It also clarifies that contracts for exploration or mining in national parks or other protected areas that violate laws and regulations are nullified to safeguard public interests. Furthermore, the interpretation stipulates the effectiveness of transfers, capital contributions, mortgages, and cooperative exploration or mining contracts, in line with the registration-based system under the revised law, removing prior administrative approval requirements that had complicated judicial practice.
It also specifies the scope of damages for cross-boundary exploration and mining, distinguishing between mining rights and exploration rights to ensure consistent rules for judicial adjudication. For public interest construction projects such as energy, transportation, and water conservancy, overburdening mineral resources does not constitute infringement on mining rights if approved or legally permitted by competent authorities, but fair compensation must be provided to the affected mining right holders.
Looking ahead, the SPC will continue to conduct in-depth research and identify other key issues in the judicial handling of mineral resource disputes under the newly revised Mineral Resources Law. By issuing targeted judicial interpretations, releasing guiding cases and selecting representative replies in online Q&A sessions, the SPC aims to strengthen judicial supervision, unify adjudication standards, and better safeguard the lawful rights and interests of mining right holders. These efforts will ensure national mineral resource security, protect public interests in ecological conservation, and provide high-quality judicial services to support sustainable, high-quality development in the mining sector.
