Study On The Legal System Of Land Reclamation Of Mining Areas In China

Mineral resources and land resources are both of important materialresources, they have to do with development of national economy and thepeople’s immediate interest, so they should be protected healthy anddeveloped reasonably. But a long-standing phenomenon in our country isthat we pay much attention to develop mineral resources than to protectland resources and ecological environment in mining areas, it results ininefficient developing and using mineral resources and land resources.Land resources are the most important natural resources and importantproduction goods, they have tremendous economic benefits and socialeffect. The land resources are also important parts of the whole ecologicalenvironment in mining areas. Because the intimate connection betweenmineral resources and land resources, it has unavoidably appear that theland resources are ruined during the developing and using mineralresources, and contradiction is that there are more people and less land inour country with the grim situation of ecological environment in miningareas, that makes the land reclamation in mining areas becomes annecessitous and formidable mission. As an important social norm, lawshould play a big role in land reclamation of mining areas. Perfect legalsystem of land reclamation of mining areas is an important guarantee forworking smoothly and continually of land reclamation in mining areas, itfavors to sustainable using mineral resources and land resources, it favorsto protect the ecological environment in mining areas, achieves to sustainable development of economy and society in mining areas, so it hassignificance in theoretical and practice. Compared with the Landreclamation Provisions, which issued in1989by the Sate Council, theLand reclamation ordinance issued in2011by the Sate Council formulatedmore detailed regulations, for example, check and accept, incentivemeasures and legal responsibilities, but it also exiting many problems, forexample, low position in legal system, can not be connected with otherlaws and regulations closely, difficult to adapt to strategy of China onsustainable using mineral and land resources. Land reclamation of miningareas legal system is working on the basis of the theory of ecosystem value,negative economic theory and sustainable development theory at least.Our country should be take the time of issuing the Land reclamationordinance as an opportunity, intensively study the insufficient of this ruleand the existing problems in practice, so as to improve and perfect ourcountry’s legal system of land reclamation in mining areas. This paper isproceed from China’s actual conditions and concrete practice, guided byecology, the theory of ecosystem value and the advanced legal thought,aimed for recovering ecology environment in mining areas. Throughobserving and studying the other state’s land reclamation of mining areaslegal systems, which are advanced, so we offering the proposals as follows:legislate to Land reclamation law as soon as possible, set up a specialorganization which in charges of land reclamation working, establish rulesand regulations of deposit which is for land reclamation of mining areas,set up scrupulous technological standards and evaluate regulations, devisescientific and reasonable regulations in using lands during developingmineral resources, structure perfect administration and supervision systemin land reclamation of mining areas, and so on.