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Research On The Legal System Of Mining Land In China

Posted on:2012-06-29Degree:MasterType:Thesis
Country:ChinaCandidate:P XiaoFull Text:PDF
GTID:2166330335987727Subject:Environment and Resources Protection Law
Abstract/Summary:PDF Full Text Request
Mining sites legal system is the legal basis for using and management, also is a necessary prerequisite for the effective exercise of mining rights. To strengthen the management of mining sites by law, conducting the whole life cycle for studying, relevant research on the current mining law, around the "way of land acquisition for mining." "mining land acquisition program," "land for land mining rights and mining rights to approve the convergence," "coordination of mining rights and the environment," " land exchange and land exit mechanism "and commence mining areas in terms of access-use-out ". By examining the legislative experience of foreign law and the actual situation in our country, we should be made by law for the principle of establishing the life cycle concept of mining sites, mining areas to strengthen recycling virtuous circle of land and ecology, the life cycle of mining land research, innovation and mining methods and procedures for obtaining land, do a good coordination of mining areas in the course of mining rights and land rights, environmental rights, promotion of mining areas orderly, improve and perfect the mechanism of mining land use system of exit and re-use, uniform legislation to speed up the development of mining areas, establish and improve as soon as possible, standardized the legal system of mining sites. This article is divided into a total of six parts:The first part is introduction, introduces the topics of sources, background and significance of topics and topics of research ideas. Mining Land is an important point for land and also is the key difficulty of the "two laws" recompose. Studying the legal system of mining sites system, aim to understand the laws about governing the operation of mining areas to promote the legislation, with laws and regulations to adjust the social relations of mining areas, to achieve economical and intensive use.The second part is the definition of mining sites, introduces the concept, characteristics, scope, classification and life cycle. Pointed out that the implementation of mining land is within the scope of mining activities permitted by the state surface, and is unique. complex, phased. recoverability and other features. Defined that the scope of mining areas, mining sites according to the function, nature and characteristics of different types of classification, and preliminary analysis of the mining land acquisition-the-recovery-re-use of the life cycle.The third part is the status of mining sites, mainly on the problems and causes of the mining sites in the access phase, use phase and exit phase of the current situation. Pointed out that the mining methods and access to procedures for land acquisition flawed:the main access method to transfer the land requisition serious drawbacks. mining approvals and approval of land use right out of line does not get synchronized. Mineral rights and land rights, environmental rights are in conflict because of the diversity of subjects of rights and needs of limited resources, the development needs of mining rights and environmental conflicts and other environmental requirements. resulting in the exercise of incompatibility. Exit mechanism and re-use needs to be improved:the general lack of exit mechanism mining area is not conducive to land reclamation and intensive use. replacement mechanism is not perfect, the effective transfer of land is not conducive; mining land restoration mechanism is imperfect, is not conducive to the land re-use.The fourth part is the study of foreign legal systems of mining sites and inspiration, introduces the major mining countries of the theoretical research and legislative conditions. Come visit foreign universal access system provides mining land, mining land for both mandatory and intended to obtain qualitative, focusing on the executive program in the role of mining land, mining land to establish damages, thus emphasize the re-mining land use. In fact, it is necessary to the development of mining areas of laws and regulations, and improves mining land legislation. The second is the mining sites to obtain access into the mining sites in the overall consideration. The third is to play the executive authorities in mining areas the role of process control. The fourth is the transfer of land in the mining industry to strengthen the land re-use of linked sites. rights of human free will. The fifth is the coordination of the mining rights and mining landThe fifth part is the measures to improve the legal system of mining sites. The main innovations proposed land acquisition for mining method, effective convergence of mineral resources planning and land use planning, improve the land acquisition process mining, mineral rights when the land transfer land use rights together with the Transfer, and registration, overall mining land use approval procedures simplified; coordination of mineral rights and land rights. environmental rights of the conflict, hierarchical classification of mining areas to establish priority in the protection of the environment on the basis of the right to development, set up a clear system of mining land damages, to achieve an effective exit of mining sites and re-use, uniform legislation to speed up mining sites.The sixth part is the conclusion, the main content is a summary and outlook. Made a summary of conclusions of research methods and made a further look need to study.
Keywords/Search Tags:Mining sites, Prospecting and Mining rights, Land rights, Environmental Rights
PDF Full Text Request
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