Research On The Integration And Regulation Of Mineral Resources In China

In recent years, with the continuous and fast propulsion of the process of China’sindustrialization, urbanization and agricultural modernization, the total amount ofmineral resources needed for the economic and social development is heavilyincreasing, and the contradiction between supply and demand of mineral resources isbecoming increasing acute. At the same time, the phenomenon of “many, small,scattered” in mining enterprises and the unreasonable mineral development layout ismore prevalent, which seriously affects the healthy development of the China’smining economy. In order to effectively solve the problems in the exploitation ofmineral resources, the State decides to further implement the integration of mineralresources on the basis of rectifying and standardizing the order of the mineralresources development. It is the significant approach to solve the unreasonable layoutof mine development and realize the resource scale, intensive development. After theintegration of mineral resources for two times, although the staged achievements havebeen obtained, there are still some questions to be solved immediately during thespecific implementation, such as the irregular practice of the local areas, onlyemphasizing the administrative means and handling affairs without referring to therules of the market economy. Thus, there is still a long distance to really establish thelong-term mechanism of rational exploitation of mineral resources and realize therequirements of the mining sustainable, scientific development. This paper is toprovide policy decision and legal suggestions for the construction of China’s mineralresources regarding to long-term integration mechanism by studying on theintegration of mineral resources law and analyzing the deep problems during theprocess of integration of mineral resources.In this paper, based on the theory of integration and regulation of mineralresources, the main background and institutional evolution of the present developmentsituation, integration of mineral resources and the process and the problems of themineral resources integration in China are summarized. And the respective rights(power) are analyzed from the state and the right of mining people’s point of view. The legitimacy of the integration of mineral resources and the legal requirements ofintegration are also raised. At the same time, taking Shanxi Province as an example,the integration and regulation of coal resources are discussed, and the effectivenessand existing problems of coal resources integration, the enlightenment for nationalresources integration are also summarized.According to this research, whether a representative of the ownership of mineralresources or a social manager from the government, he all has the power to integratemineral resources. But the legitimate interests of being integrated mining rights mustbe protected, and the rights of the government for the integration of mineralresources(power) must be subject to regulation. At the same time, though the work oftwo mineral resources integration of China has achieved positive results, thephenomenon of violating the legitimate rights and interesting of the subject of miningrights exist because the main complex involved and various economic interestsintertwined during mining resources integration, together with different situationacross China and too much relying administrative intervention for some localgovernments. Therefore, the phenomenon of much, small, scattered in mine resourcesdevelopment must be prevented from the source And meanwhile, the reasonableboundary of mineral resources integration must be established; the integrationprograms must be regulated; a reasonable exit mechanism must be established; andthe legal remedies of integration of mineral resources must also be perfected.