Study On Legal Regulation Of Mineral Resources Ecological Compensation In Shandong Province

Shandong is a huge province in economy and resource consumption in China. Along with the quick development of social economy and industrialization advancement speeding up, wasting of resources and ecological environment deterioration issues in the mineral resource development are getting more serious. For this reason, Shandong Province confronts a huge challenge in the coordinated development of the population, social economy and ecological environment. Mineral resources ecological compensation mechanism is a system innovation of environmental resources management, which promotes the social equity and environmental justice by adjusting the relative stakeholders in the development and utilization of mineral resource. It is an important measure and effective form to realize a coordinated development, promote an ecological civilization and establish a harmonious society.An excessive emphasis on policy adjustment and the long-term ignoring of the legal adjusting mechanism bring about the lack of legal regulation in mining area ecological environment protection, and a permanent mechanism could not be established for mineral resources ecological compensation mechanism. Since Shandong Province still is lack of specific system guidance and legal support, it is imminent to perfect the special legislation and legal guarantee system, do a preliminary design on the road for legalization of mineral resources ecological compensation mechanism and its specific processes. This article discusses some of the five points:The first part is the introduction, which expounds the significance of the topic, looks back the history of the study, summarizes the research status both at home and abroad, and simply introduces the innovation points and the discussion methods adopted in this paper.The second part analyzes the reasons why mineral resources ecological compensation mechanism need special legislation and legal guarantee system in Shandong province, points out that the nationwide mineral resources ecological compensation legislation is unsound and local legislation emerge in endlessly are the external driving factors; Regulations safeguard system is insufficient and difficulty in forming a persistent effect mineral resources ecological compensation mechanism are the internal support factors. On this basis, the paper considered that enact Shandong Ecological Compensation Ordinance, bring Shandong mineral resources ecological compensation into legal track, and as of one chapter special provisions is a suitable alternative. Moreover, there are many other associated systems design need to complete.The third part points out that Shandong mineral resources ecological compensation legislation must formulate the basic level category of mineral resources ecological compensation, such as its legal meaning and features, purpose and essence, the elements of mineral resources ecological compensation legal relationship, etc.The fourth part is the focus of the paper. This part points out that the legalization of mineral resources ecological compensation of Shandong province is a system engineering, which is not only need to draft a special comprehensive legislation, but also need some corresponding law and system for engagement and supplement. In system design, it need perfect the system of paid acquisition of mining rights, mineral resources eco-compensation fee collection system, abandoned mine repair government fund system and Security deposit system of mine environmental and ecological restoration, take these four aspects as fundamental institutional arrangements. Secondly, we should reform the mineral resources ecological compensation supervision system and standard assessment system, improve the mineral resources planning system, expand the domestic and international mining right cooperation system, innovate spanned mineral resources ecological compensation responsibility mechanism so as to provide exhibits system support. After this, the paper discusses the legislation linking problem with the national laws.The fifth part is the conclusion. This part reiterates the necessity of human ecological protection, expounds the routing and specific approaches of regulation of Shandong mineral resources ecological compensation. Expect this paper could make sense to the theoretical and practical research on the legalization and systematism of Shandong mineral resources ecological compensation.