关键词: 法院执行权, 采矿权转让, 强制拍卖, 国土资源主管部门审批

Abstract:

Enforcing auctioning as an Enforcing power shall be executed by courts. However, enforcing auctioning on mining rights is in dispute that the entity of enforcing auctioning is court or land and resources administration. This issue is related to the mining right as a special property right, court's obliged execution and obliged auctioning, and the auction law. This paper, based on jurisprudence and present provisions, concludes that enforcing auctioning mining right first appljes civil procedural law and related judicial interpretations, and then applies the auction law; the subject of auctioning mining right is court and the administration of land and resources has the power to cooperate.

Key words: court's enforcement power, transference of mining right, court's auction, examination and approval of administration of land and resources