| Mineral resources are indispensable basic materials and important strategic substances for national economic growth,national defense construction and economic and social development.The level of development and utilization of mineral resources are of a large extent reflecting the comprehensive strength of a country.However,China's current Mineral Resources Law of the People's Republic of China,its implementing rules,and laws and rules related to mineral industry are backward in legislation idea,lack of foresight,and poor in supervision and management.Mineral resources legislation urgently needs to keep pace with the times.China's current mineral resources legislation due to the impact of the concept of planned economy,there are many shortcomings.This is unfavorable for mineral protection.In the first place,from the perspective of legislation idea,the current law is obligation-oriented rather than right-oriented.Emphasizing economic efficiency and order construction but overlooking humane concern,this legislation idea can not integrate various values,such as development,efficiency and security.In the first place,The absence or dislocation of legislative ideas.Lack of security and equal protection,and too costly to ignore humanistic care.In the second place,mineral resources state ownership deficiency.The loss of ownership of the state led to the loss of national interests and mineral resources development and utilization of the distribution of benefits imbalance.Thirdly,The system of mining rights is imperfect.Such as Mining rights market access system is unreasonable,mining recovery rate,mining dilution rate,beneficiation recovery rate(comprehensive utilization rate)is too generalized,the acquisition and distribution of mining rights are subject to many restrictions,mining rights extension system and mining division unscientific,etc.Fourth,the lack of important strategic reserves of mineral resources.Rare earth and iron,copper,manganese,potassium and other advantages and shortage of mineral resources reserves the lack of legal requirements,oil and other strategic mineral resources reserve system is not perfect.Fifth,the legal liability system is imperfect.Lack of civil liability,Aggravate the responsibility of administrative counterparts and reduce Administrative principal responsibility;The subsidiary criminal liability clause is out of line with the existing Criminal Law.The situation has become increasingly unable to meet the new needs of economic and social development,Nor adapt to the socialist market economic system of the new requirements of the devel-opment of the mining economy and the international mining market integration of the new situation..Generally,advanced and creative legislation idea tends to produce advanced,feasible and foresighted laws.Therefore,we need to understand mineral resources legislation with international vision,and innovate our legislation idea under perspective of economic globalization,so as to improve the protection law system of mineral resources.Specifically,the focus of innovation on the following aspects in the legislation of mineral resources protection the idea of economic globalization should be incorporated;people's will should be fully considered;wide democracy and representativeness of public interests should be achieved;the idea of sustainable development should be implemented;mineral development should be coordinated and unified with social and economic development and environment protection;the mineral economic security should be granted the first priority;the idea of systematic development should be considered an important principle of exploitation.The macro-control should be realized through improving the law system of mineral resources protection,and thus the resources are exploited in accordance with plan and specification,and the standard of resources development and comprehensive utilization will be elevated.To match innovative legislation idea,China should improve its basic principles of the protection law of mineral resources by observing the following principles:higher efficiency for dominant minerals,the top priority of environment protection,regional exploitation of mineral resources,exploitation and protection of alternative resources,balance between public interests and individual interests.Only in this way can mineral resources be guaranteed for social and economic development,better surviving and living surroundings be provided for all the people,and fair opportunities be ensured for current and future social development.In order to implement and implement these legislative ideas,mineral resources law to modify and improve Advantages of mineral utility is better,environmental protection first,mineral resources,regional development,alternative resources development and protection,public interest and private interests balance These and other principles basic principles should be established.To ensure the national economic and social development to provide mineral resources protection,to provide people with a good living and living environment for all types of market economy to provide a fair mineral resources development and utilization opportunities.At the same time,it is necessary to clarify the legislative value of mineral resources protection.Clear the value of the legislative order of mineral resources protection,the formation of social subjects between each other,between the social subjects and other subjects,as well as between them and the third,the social subjects and social objects and the third person harmony and stability,Win-win and coexistence;Clear the efficiency of mineral resources protection legislation,the allocation of mineral resources to a comprehensive utilization rate is high,good efficiency,environmental damage is small,comprehensive management of the mine environment to the main market to go;Coordination of mineral resources protection legislation efficiency value and fair value,in accordance with the requirements of fair legal principles of the distribution of mineral resources interests,to ensure that the interests of mineral resources stakeholders to obtain their due interests,to ensure that the main right to enjoy the appropriate obligations,to ensure that the right And the unity of obligation.The United States and Japan are successful in mineral resources legislation for their complete law system,clear-cut delimitation of mineral resources properties,and complete protection and implementation system.The afore-mentioned principles and successful experiences from the US and Japan may provide a route to our legislation in China.According to the above legislative ideas and principles,Learn from the United States,Japan and other developed countries advanced mineral resources legislation concept,a complete legal system and mineral resources property rights clear,mineral resources protection law enforcement system and other successful experience,China should reconstruct and perfect the specific legal system of mineral resources protection.Specifically,following steps should be followed.Firstly,Improve the national ownership system of mineral resources.Clarify the exercise of state ownership of mineral resources,establish and gradually improve the legal system of state-owned mineral resources.Secondly,Improve the legal system of registration of mining rights,abolish the registration function of mining rights at the county level department,clarify the legal effect of registration of mining rights,and clarify the Ex post supervision duty of the registration organ.Thirdly,Improve the distribution system of mining rights,clarify the principle of dealing with the conflict between land rights and mining rights in the circulation of mining rights,and focus on perfecting the system of mining right intermediary and mining trade system.Improve the system of paid use of mineral resources,improve the system of paid access to mineral resources,reasonable arrangements for the proceeds of ownership,improve the value of mining rights assessment system.The establishment of mineral resources security system,the establishment of advantages and strategic mineral resources reserve system,the establishment of a shortage of mineral resources reserve system,the establishment of alternative mineral resources reserve system,the establishment of new energy and mineral development and protection of the legal system.Innovation and mineral resources supervision and management mechanism to protect the independence and authority of mining rights regulators,the establishment of hierarchical classification system,innovation and supervision of mining coordination mechanism.Finally,Improve the legal system of mineral resources protection,focusing on improving the civil liability system of mining rights,administrative relief system,criminal liability system. |
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