Study On Ecological Compensation Legal System For Mineral Resources Development Of China

Mineral resources are important strategic resources, as well as the national of the State to survive and remain. However the present unreasonable exploitation of mineral resources have caused serious damage to the natural environment and broken the ecosystem, It will threaten the people exists in our country. How to reduce the damage which taken by the exploitation of mineral resources and containment of environmental? How to promote the sustainable development of the economy and society? The problems must be solved. This article by several areas gave perfection mineral resources development and ecological compensation legal system path, and came up with an idea for improving the system in order to address the current environmental and resource issues.Full-text structure and contents are as follows:The first part of the article researches the results and defects of the theory about the ecological compensation, and analysis the implications of the ecological compensation. So the mineral resources development ecological compensation has the correctly meaning. This section not only illustrates the economic theory of market failure, etc, and environmental law-environmental equity theory, also describes the theory of externalities and the theory of ecological balance.The second part describes the mineral resources development ecological compensation legal system of our country. This part also reviews the ecological compensation legal system for mineral resources development of other countries and their available reference.The third part analyzed limitation of the current the ecological compensation legal system for mineral resources development of our country. Emphasized the existing legislation is not only confusing concepts related to ecological compensation, but also only part of the picture and find it difficult to adapt to the mineral resources development ecological compensation work of essential requirements and other deficiencies. In addition, the supporting measures of the current ecological compensation legal system for mineral resources development of our country also have some defects. For example, neglect of public participation in environmental protection system construction, lack of funds, the regional ecological compensation mechanism is not formed, etc.The fourth part also analyzed how to complete the ecological compensation for mineral resources development, which includes a series of problem, for example the basic mode of ecological compensation, approaches, the legal relationship between ecological compensation rights and obligations of both parties, The State is the principal of ecological compensation for mineral resources development, beneficiaries are ecological compensation pay-principal, injured party is the object of the ecological compensation for mineral resources development and so on. In addition, there should be the public participation in the ecological compensation for mineral resources development in our country and the regional ecological compensation mechanism.