Source: Key points of case judgment from "Gazette of the PRC Supreme People's Court" Volume 2022

Case Judgment Opinions Summary:

The change of the registration of the mining right holder after the payment of the deposit is the requirement of the merger and reorganization policy. The registered right holder only pays the deposit and does not actually operate. The applicant for enforcement should know that the person outside the case is the actual right holder of the mining right involved in the case. The registration of the mining right under the name of the registered right holder does not generate trust interest protection. If the person outside the case raises an objection to enforcement, the people's court should support it.

In the case of objection to enforcement, the mining right involved in the case has been changed to the name of the person applying for enforcement through the ruling of offsetting debts in rem before the judgment is made. When the people's court decides that the mining right shall not be enforced, if it does not involve issues such as maintaining the judicial auction, the stability of the sale procedure and the protection of the interests of unspecified third parties, the scope of the non-enforcement can extend to the ruling of offsetting debts in rem, and the ruling of offsetting debts in rem shall be revoked, And remove the enforcement measures such as sealing up.