由于矿产资源具有不可再生的特性,合理运用矿产资源不仅关乎社会公共利益,也事关国家战略利益,因此,矿业权作为其载体,在转让时确有以行政审批加以管控的必要性。需要明确的是,依法成立的矿业权转让合同既不因批准而必然有效,也不因未被批准而当然失效。矿业权转让合同在批准前,效力未生效,但其中的报批义务不依赖合同获批而生效,负有报批义务的当事人不履行报批义务时,应采取违约责任的归责方式。 Due to the nonrenewable nature of mineral resources, the rational use of mineral resources is not only related to the public interests of the community, but also the strategic interests of the country. Therefore, the right to use mining rights as the carrier of the mineral rights does have the necessity of being governed by administrative examination and approval. It needs to be clear that a mining rights transfer contract established legally must neither be ineffective nor must it be ineffective because it has not been approved. Before the approval of the contract for the transfer of mining rights, the validity has not been validated. However, the obligation of submission and approval of the contract does not depend on the approval of the contract. The party that has the obligation of submission and approval should take the blame for the breach of contract when not fulfilling the obligation of submission and approval.