My Country's Mine Environmental Protection Legislation System And Its Legal Theory Research

Mineral resources are an indispensable material basis for the country’s economic development,providing a constant source of power for our economic and social development.However,with the massive development of minerals,there are more and more geological environmental problems in the mining areas.The degree is becoming more and more serious,affecting the production and life of residents and restricting the sustainable development of the local economy and society.At present,there are many environmental problems in mine areas in China,mainly in the pollution of failings to land and water sources;mineral mining leads to frequent occurrence of secondary geological disasters such as ground cracking and collapse;landform landscape is destroyed;soil erosion and land desertification and reclamation The rate is low;the legacy of abandoned mines cannot be solved fundamentally.Safeguarding a good environment and providing humans with good living conditions is the realization of the value of legal human rights.The proposal and development of the environmental rights as the third generation of human rights means that the ecological value of protecting the environment has the same important position as the economic value protected by property rights.With the gradual development and progress of the environmental rights theory,the environmental law has gradually Passive pollution prevention has turned into active environmental protection.The correct handling of the relationship between environmental protection and mine development in mining areas is of great significance to China’s ecological and environmental security and sustainable economic development.Under the new requirements of building a well-off society in an all-round way,GDP can no longer be used as the only indicator to measure economic development.People’s pursuit of a better life requires green development including mine areas.As early as 1989,China passed the "Environmental Protection Law",which is the basic legislation in the field of environmental protection.However,up to now,China’s laws and regulations on the mine environment are also scattered within the individual laws.Due to insufficient legislation,various departments Unclear powers and responsibilities have led to low environmental protection and poor performance.The revision and improvement of the mine environmental protection legislative system needs to adapt to the new situation of economic globalization,to implement the green development concept,and to link with international mining legislation;to adhere to the coordination of mineral resources development,economic and social development and mine environmental protection;to ensure mineral resources Orderly development,comprehensive development and continuous use to ensure the sustainable development of mining areas.Based on the practical requirements of building an ecological civilized society,this paper uses the advanced theory of jurisprudence on environmental protection research to find out the problems and causes of the mine environmental protection legislation system,and draws on the advanced foreign legislative experience,combined with the advanced frontier theory of jurisprudence.In combination with China’s basic national conditions,we strive to make some feasible suggestions for improving the legislative system of mine environmental protection in China.First of all,the development of earth jurisprudence requires us to change the legislative concept of the former human center.Human beings are the participants of the earth community.We must implement the principles of earth-centrism into the legislation;adhere to the environmental protection of mines and adapt to resource development.To develop the economy at the expense of the environment;secondly,to change the previous economic-centered legislative principles;to focus on ecologically sustainable development,the use of mineral resources not only to meet the needs of the contemporary,but also to pay attention to Internationale equity and to meet the needs of future generations..Third,the public trust theory emphasizes that the government has the obligation to protect the environment.Whether it is a citizen or a group,it has the right to participate in environmental protection,and to increase the participation of the public in the environmental protection of the mine.Finally,Establish a sound mine environmental protection legislation system.Due to its complexity,the mine environment needs to be planned as a whole,and due to the regional differences in the mine environment,it is necessary to encourage and support local legislation based on the regional mine environment.