Is it enough to preserve the other party s minerals and seize the mining license during the lawsuit?

Tianjin Lawyer Yang: If you apply for preservation before litigation, you should provide property security, and the court issues a preservation ruling, the preservation is valid; If it is in litigation, the court will apply for preservation or ex officio, and will also make a preservation ruling. Therefore, whether the preservation is effective or not depends on whether the court makes a preservation ruling.

Code of Civil Procedure.

Article 92: People's courts may make a ruling on property preservation on the basis of the other party's application in cases where enforcement of a judgment may be impossible or difficult to enforce due to the conduct of one of the parties or other reasons; Where the parties do not submit an application, the people's court may also rule to employ property preservation measures when necessary.

The people's court may order the applicant to provide a guarantee when employing property preservation measures; If the applicant does not provide a guarantee, the application shall be rejected.

After the people's court accepts the application, it must make a ruling within 48 hours if the situation is urgent; Where a ruling is made to employ property preservation measures, enforcement shall begin immediately.

Article 93: Where due to the urgency of the situation, an interested party does not immediately apply for property preservation that would cause irreparable harm to their lawful rights and interests, they may apply to the people's court to employ property preservation measures before initiating litigation. The applicant shall provide a guarantee, and if the applicant does not provide a guarantee, the application shall be rejected.

After the people's court accepts the application, it must make a ruling within 48 hours; Where a ruling is made to employ property preservation measures, enforcement shall begin immediately.

Where the applicant does not initiate litigation within 15 days after the people's court takes preservation measures, the people's court shall lift the property preservation.

Article 99: Where parties are dissatisfied with a ruling on property preservation or prior enforcement, they may apply for a reconsideration once. Enforcement of the ruling is not stopped during the reconsideration period. I hope you do.

Yes, a mining license is required for mineral mining, and no one can touch minerals without a mining license.

Mining rights, also known as "mineral use rights", refer to the rights of mining enterprises to exploit, utilize, benefit and manage mineral resources in accordance with the law in the activities of mining mineral resources. China's Mineral Resources Law stipulates that mining mineral resources must be subject to an application for mining rights in accordance with the law. The mining right holder may lease or mortgage the mining right in accordance with the Interim Provisions on the Administration of the Transfer of Mining Rights.

Article 6 of the Interim Provisions on the Administration of the Transfer of Mining Rights may be transferred by means of capital, cooperative exploration or mining, listing and other methods in accordance with the provisions of these Measures. The transferor and the transferor shall go through the registration procedures for the change of mining rights with the original registration and licensing authority in accordance with the regulations. However, if the transferee is a foreign-invested mining enterprise, it shall go to the registration management authority with the right to issue the license of the foreign-invested mining enterprise to change the registration hand.

Mining rights holders may lease or mortgage mining rights in accordance with the provisions of these Measures.

After the mining right is preserved, the owner of the mining right may be allowed to continue mining according to the assessment of the mortgage value of the mining right based on the validity period of the mining by the relevant authority, or it may be decided based on the appraised value. According to Article 55 of the Interim Provisions on the Transfer of Mining Rights, the mortgage of mining rights refers to the act of providing security to creditors in accordance with relevant laws by the mining rights holder, as the debtor, without transferring possession. The debtor with the mining right as collateral is the mortgagor, the creditor is the mortgagee, and the mining right with security is the collateral.

Article 56 stipulates that if the creditor requires the mortgagor to provide the value of the collateral, the mortgagor shall entrust an appraisal agency to evaluate the collateral.

Legal basis. Article 55 of the Interim Provisions on the Assignment and Transfer of Mining Rights refers to the act of providing security to the creditor on the premise that the mining right holder is the debtor in accordance with the relevant laws and provides security to the creditor on the premise that the mining right owned by the debtor does not transfer possession.

The debtor with the mining right as collateral is the mortgagor, the debtor bank reputation is the mortgagee, and the mining right provided as the collateral.

Article 56 of the Interim Provisions on the Transfer of Mining Rights If the blind person of the creditor's right file requires the mortgagor to provide the value of the collateral, the mortgagor shall entrust an appraisal agency to evaluate the collateral.

After the mining rights are preserved, according to the assessment of the mortgage value of the mining rights based on the validity period of the mining by the relevant authorities, it is possible to guess that the owner of the mining rights is allowed to continue mining, or it can be decided based on the appraised value. Mortgage of mining rights refers to the act of providing security to creditors on the premise that the mining rights owned by the debtor as the debtor in accordance with the relevant laws do not transfer the possession of the mining rights.