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随着我国社会经济的发展,法律制度也要相应的发展与完善。依法治国、依法行政,解决社会中的争端是法律的使命。但是我国当前的法律法规中关于矿业权抵押的规定尚有欠缺。欲解决矿业权抵押权的实现等下位问题,需先解决法律层面的上位问题,这将对我国矿业权抵押法律制度的完善产生重大影响。文章对我国现行矿业权抵押的法律法规进行梳理,发现其中存在的法律问题,并提出对应的解决措施,以期对我国矿业权抵押法律体系建设提供有益支持。
With the social and economic development in our country, the legal system should also be developed and improved accordingly. It is the legal mission of governing the country according to law and administering according to law and resolving disputes in society. However, there are still some shortcomings in the current laws and regulations of China on the mortgage of mining rights. In order to solve the subordinate problems such as the realization of the mortgage of mining right, it is necessary to solve the supervisor problem in the law level, which will have a significant impact on the perfection of the legal system of the mortgage of mining right in our country. The article sorts out the existing laws and regulations of mining right mortgage in our country, finds out the existing legal problems and puts forward corresponding solutions so as to provide beneficial support to the legal system of mining right mortgage in our country.