我国目前的矿业权登记既是对于矿业权作为私权利的确认和公示,又体现了国家对于矿业权人行为的管理和监督,具有私权和公权的混合属性。人民法院对于矿业权的私权变动做出的司法认定,不能取代登记机关对于矿业权变动条件的公法审查。矿业权登记机关对于符合公法条件的矿业权司法认定,应该依法予以登记,对于不符合公法条件的矿业权司法认定,则仅可对于其私权的变动部分作他项权登记。 At present, registration of mining rights in our country not only confirms and publicizes mining rights as private rights, but also reflects the state’s management and supervision of the behaviors of mining rights holders, and has the mixed attributes of private rights and public rights. The judicial cognizance made by the people’s court on the change of the private right of the mining right can not replace the examination of the public law of the registration authority on the conditions of change of the mining right. The mining registration authority shall, in accordance with the judicial determination of the mining right in conformity with the conditions of public law, register it according to law. For mining rights that do not conform to the conditions of public law, the registration authority may only register the changes to its private rights.