【裁判要旨】采矿权抵押登记的具体方式是向原发证机关申请办理抵押备案。矿业行政主管部门依申请办理抵押备案的行为属于行政确认行为而非行政审批行为。采矿权抵押合同不属法律、行政法规规定需经审批或登记才生效的合同,履行未经备案的采矿权抵押合同亦不损害国家利益、社会公共利益或他人合法权益。因此,采矿权抵押未经备案的,如不具备其他导致合同成立而未生效或者合同无效的事由,采矿权抵押合同应自成立时生 The purpose of the referee The concrete way of the mortgage registration of the mining right is to apply for the mortgage record to the original issuing authority. The administrative department of mining according to the application for handling the mortgage record belongs to the administrative confirmation act instead of the administrative examination and approval act. The mortgage contract for mining rights is not a contract that is subject to examination and approval or registration as required by administrative laws and regulations and does not affect the interests of the state, public interests or others’ legitimate rights and interests in fulfilling an unallocated mortgage contract. Therefore, if the mortgage of mining rights is not filed, if there is no other reason for the contract not to take effect or the contract is invalid, the mortgage contract for mining rights should be determined from the time when it was established