mineral resources

After the mining rights are suppressed, many parties will be confused: Should I go through administrative review or administrative litigation? What is the difference between these two pathways? Let me tell you in detail.

First, let’s figure it out: What is the nature of overriding behavior?

This is a key question. The nature of the suppression behavior is different, and the remedies are also different.

If the overriding behavior isadministrative action——For example, if the natural resources authority illegally approves the suppression, or fails to perform its regulatory duties, then for this administrative action, you can apply for administrative reconsideration or file an administrative lawsuit.

If the overriding behavior iscivil action——For example, the compensation dispute between the construction unit and the mining rights holder shall be resolved through civil litigation.

In practice, many suppression cases are "civilian and bank-related": they involve both the suppression behavior and compensation obligations of the construction unit (civil subject), and the approval behavior and supervisory responsibilities of the competent department (administrative subject). At this time, it is necessary to choose different relief channels according to the specific situation.

Characteristics of administrative review

Administrative reconsideration is submitted to the agency that made the administrative action or its superior agency.

Advantages: 1. The procedure is relatively simple and the cycle is short; 2. The cost is low and there is no need to pay litigation fees; 3. The administrative review agency has professional advantages and has a better understanding of administrative actions in the mining field.

Disadvantages: 1. The review agency often has a subordinate relationship with the agency that made the action, and its independence and neutrality are questionable; 2. The review decision is not final, and the parties can continue to litigate.

Characteristics of administrative litigation

Administrative litigation is filed with the People's Court.

Advantages: 1. The court is independent from administrative agencies and has strong neutrality; 2. The litigation procedures are standardized and the rules of evidence are clear; 3. The judgment has final effect and its execution is guaranteed.

Disadvantages: 1. The cycle is long, and it may take one or two years to go through the first and second trials; 2. Costs such as litigation fees and attorney fees are high; 3. The plaintiff’s ability to produce evidence is required to be high.

How to choose between reconsideration and litigation?

Situation 1: Targeting override approval behavior

If the mining rights holder believes that the natural resources authority’s override review and approval behavior is illegal, for example: failure to conduct an override assessment, failure to notify the mining rights holder, failure to protect the mining rights holder’s right to make a statement and defense, etc. – in this case, he should first apply for administrative reconsideration, and then file an administrative lawsuit if he is not satisfied with the review result. Or you can file an administrative lawsuit directly.

Scenario 2: In response to inaction

If the competent authorities turn a blind eye to the suppression and fail to perform their supervisory duties - in this case, they can first apply for administrative reconsideration, or they can directly file an administrative lawsuit.

Situation 3: Compensation dispute

If the core of the dispute is civil rights issues such as the amount of compensation and payment time - in this case, a civil lawsuit should be filed directly with the People's Court.

Beijing Yingting Law FirmSuggestions**

In practice, many parties cannot distinguish the boundaries of civil affairs or have multiple disputes at the same time. At this time, it is best to entrust a professional lawyer to conduct a comprehensive analysis and formulate a complete rights protection strategy.

Both administrative reconsideration and administrative litigation have strict time limits: administrative reconsideration should be filed within 60 days from the date of knowing or should have known about the administrative act; administrative litigation should be filed within 6 months from the date of knowing or should have known about the administrative act. If the statute of limitations is missed, rights will be difficult to protect.

Lawyer Yingting reminds you:The protection of rights after mining rights are suppressed is a complex and systematic project. It is recommended that when entrusting a lawyer, you choose an experienced team that specializes in mining legal services.Beijing Yingting Law FirmWith profound experience in the field of mining rights overwriting, we can provide you with full-process services from dispute diagnosis, path selection to specific agency services.

If you are facing the dilemma of having your mineral rights suppressed and don’t know how to protect your rights, please contact usBeijing Yingting Law Firm, Lawyer Liu Jingzhu will provide you with professional analysis and guidance.

Please consult a professional lawyer for specific questions. This content does not constitute legal advice.