Chenzhou Fanlongdui Mining Co., Ltd. v. the Ministry of Land and Resources of the People’s Republic of China (Administrative Reconsideration Decision about the Land and Resources)—The Judicial Control over the Administrative Reconsideration Authority’s Revocation of the Mining Rights

  • Bixin JiangEmail author
  • Yongwei Huang
  • Baojian Gen
Part of the Library of Selected Cases from the Chinese Court book series (LSCCPC)


No prohibitions are contained in the current laws and regulations against the establishment of mining rights with overlapping vertical projections. With regard to some overlapping mining rights that have been established for historical reasons, the administrative agencies, under the premises of safe production, environmental protection and the conducive utility of full and effective use of different types of mineral resources, should evaluate comprehensively the formation and geological conditions of mineral resources, show due respect toward the mining intentions, mining capacity and mining technology of different mining rights holders as well as the development rules of mineral deposits, and treat them differently.


  1. 1.
    Jiang Bixin, “State Intervention and Private Autonomy in Adjusting the Legal Relations in Mining Rights: Reconstruction of the Theory of Effectiveness of Administrative Action”, Law Review, 1, 2018.Google Scholar
  2. 2.
    Zhang Jiansheng, “The Binding Force of Administrative Actions over the Courts”, A Collection of Administrative Law Papers, 14, Beijing, Law Press, 2012, p. 398.Google Scholar
  3. 3.
    Zhu Mang, “The Performance and Scope of Illegality Succession of Administrative Actions: From the Perspective of the Relationship between Individual Case Decisions and Statutory Laws”, China Legal Science, 3, 2010.Google Scholar
  4. 4.
    Zhao Hong, Purposive Innovation: German Law and Practices on Administrative Action, Beijing, Law Press, 2015, p.151.Google Scholar
  5. 5.
    Wang Guisong, “On the Illegal Succession of Administrative Actions”, Chinese Law Science, 3, 2015.Google Scholar
  6. 6.
    Hu Ruoming, “Application of the Principle of Reliance Protection in Administrative Litigation”, Administrative Law Research, 1, 2017.Google Scholar
  7. 7.
    Liu Fei, “The Significance of Reliance Protection in Administrative Law: from the Perspectives of the Revoking and Repealing the Benefit-granting Administrative Action”, Law Research, 6, 2010.Google Scholar
  8. 8.
    Zhou Youyong, “The Principles of Reliance Protection in Administrative Licensing Law”, Jianghai Academic Journal, 1, 2005.Google Scholar
  9. 9.
    Wang Xixin, “Four Control Models of Administrative Discretion”, Peking University Law Review, 10(2), 2009.Google Scholar
  10. 10.
    Zhang Jiansheng, “Justifications for Making Administrative Action”, Chinese Journal of Law, 3, 1998.Google Scholar
  11. 11.
    [Germany] Otto Meyer, German Administrative Law, trans. by Liu Fei, Beijing, Commercial Press, 2013, p. 100.Google Scholar
  12. 12.
    Bernard Schwartz, Administrative Law, trans. by Xu Bing, Beijing, Mass Press, 1986, p. 566.Google Scholar
  13. 13.
    Gen Baojian, Future Perspectives for Revising the Administrative Reconsideration Law, Beijing, Law Press, 2016, pp. 29–31.Google Scholar

Copyright information

© Law Press China 2020

Authors and Affiliations

  1. 1.The Supreme People’s Court of the People’s Republic of ChinaBeijingChina

Personalised recommendations