Abstract: The legal nexus between the assignment of mining rights and fluctuation of stakes in the mining is totally different. As a common practice in market operation, assignment of stakes is often referred to as illegal assignment of mining rights because of the strict limits of assignment of mining rights. The conflicting nature of these two terms lies in the market mechanism insufficiency of the mining rights circulation system and frequent administrative interventions. To solve this problem, the paper advocates the acceleration of the reform of mining rights circulation, the resetting of the mining rights system based on the distinction between property rights and management rights and the weakening authority of the administration examination and approval.