Font Size: a A A

Research On Ecological Compensation Legal System Of Mineral Resources

Posted on:2009-12-08Degree:MasterType:Thesis
Country:ChinaCandidate:H Z GuoFull Text:PDF
GTID:2120360242997845Subject:Environment and Resources Protection Law
Abstract/Summary:PDF Full Text Request
Mineral resource is a kind of non-regenerative natural resources, it's very important to humandkind. It's not only indispensable material base for human's existence and development,but also resource guarantee for sustainable development strategy in economic society. But being driven by market interest for a long time,plus insufficient system security and understanding,the developing of mineral resource caused ecological destruction and environment pollution,this has become an important factor to restrict economic development.In the guide of sustainable development view,people realize that coordinated development of economy and environment is the base of the whole society development, ecological environment has become an important mark to measure the development of economic society. With the establishment of ecological values day by day,ecological compensation system appeared and caused widely attention of social sectors.From the last century 1990s, environmental protection administration began to promote the research and practice exploration about ecological compensation mechanism,and obtained a series of remarkable achievements.On September in 2007,in order to establish ecological compensation mechanism,perfect the policy of environment and economy,and promote the protection of ecological environment, environmental protection administration printed and distributed "the guiding opinion about developing ecological compensation experimental work". The guiding opinion puts forward that the country would develop ecological compensation experimental work in natural reserve,the important ecological function region,mineral resource exploitation,the protection of basin water environment etc.four kinds of fields,so as to promote the establishment of ecological compensation mechanism.As the main experimental work field at present in our country, mineral resource ecological compensation has had certain theory and practice basis,but legal system to regulate mineral resource ecological compensation is also in deletion status.The paper analyzes our country's mineral resource developing situation firstly,and points out the necessity and feasibility to establish the legal system of mineral resource ecological compensation; secondly,makes a legal definition about the concepts of ecological compensation and mineral resource ecological compensation, puts forward three theory basises to establish the legal system of mineral resource ecological compensation,namely the axiology, the depletion sex theory,and the externality theory of mineral resource. Again analyzes our country's legal system present situation of mineral resource ecological compensation,and points out the shortcomings;Besides,the paper introduces the systems and regulations about ecological compensation in Germany,America and Japan etc.then summarizes the advanced experiences of the foreign ecological compensation practice; eventually,the paper puts forward three suggestions on the construction of our country's ecological compensation legal system of mineral resource:one is to build the implementing environment of ecological compensation legal system of mineral resource; the other is to scientifically set the basic principle about ecological compensation legal system of mineral resource;the third is to determine the basic content about ecological compensation legal system of mineral resource.
Keywords/Search Tags:legal system, ecological compensation, mineral resource
PDF Full Text Request
Related items