Study On Legal Issues Of Mine Ecological Restoration Supervision

In recent years,mining has caused unprecedented damage to the ecological environment of the mining area while helping China ’s rapid economic development.Under the background of ’ Chinese modernization ’ theory,’ Carbon peaking and carbon neutrality ’ strategic goals and ecological civilization construction,the problem of mine ecological restoration has become increasingly prominent.Based on the theory of public goods,mine ecological environment belongs to public interests,and the government with the function of protecting public interests should take the lead in the restoration of mine ecological environment.Supervision is an indispensable means.Legal supervision is an effective means to achieve various requirements,but there are still many problems in China ’s relevant legal documents such as the ’ Mineral Resources Law ’,especially under the current revision background,it is very urgent to build a sound regulatory legal system for its new ’ ecological restoration ’ chapter.Foreign countries have formed a set of effective institutional systems and achieved good governance results due to the early development and utilization of mineral resources.In addition,the task of mine ecological restoration in China is arduous,and the research in this field in domestic theoretical circles has also formed certain achievements.Therefore,it is an effective way to solve the current problems by analyzing the relevant useful experience and related theories of domestic and foreign to improve the relevant legal system of mine ecological restoration supervision.The research on mine ecological restoration supervision is mainly carried out from two levels : its conceptual connotation and system construction,which is conducive to the transformation of value presupposition to legal form.At present,the theoretical circle has different opinions on the connotation of ’ mine ecological restoration ’ and ’supervision ’.The interpretation of the connotation reflects the value goal pursued by the system construction,it is a good idea to dig deep into the theoretical guidance based on the two.Therefore,it is necessary to establish a theoretical connection between the two by studying relevant theories such as public goods.Then,by means of element definition,the connotation of ’ mine ecological restoration supervision ’ is interpreted from the dimensions of object,means,subject,scope and measures.On this basis,through the analysis of China ’s current legislation on mine ecological restoration supervision,and summarizes the defects of the function setting of the supervision subject and the system defects in the process of supervising the supervision object : Due to the imperfect communication and coordination mechanism between the governments and the serious overlapping of functions,the responsibilities of the main body of mine ecological restoration supervision are unclear.For the regulatory object,its institutional defects are mainly reflected in five aspects : program review,process supervision,imperfect post-acceptance mechanism,insufficient responsibility subject and repair fund system constraints.Suggestions for the improvement of the system should also adhere to the guidance of the above theories,and make detailed provisions from four aspects : the operation mechanism of the main body of mine ecological restoration supervision,the management of mine land reclamation and ecological restoration process,the accountability of mine ecological restoration and the funds of mine ecological restoration.This will not only help to enrich the theoretical research on mine ecological restoration in China,but also coordinate the operation mechanism among various government departments,strengthen the supervision of mine ecological restoration process,ensure the adequate funds for mine ecological restoration and the implementation of the responsibilities of the restoration subjects,so as to help the realization of the goal of green mines in China.