The Studies On Legal System Of Environment Protection In Mining Area Of China

The mining resource is the most important support to the economic and social development of our country on the ground of the resource leading developmental model. But the mining is a high-contaminated industry, and the recent large-scale exploitation has arisen a series of serious mine environmental problems. Mine environmental reclamation and resumption mechanism must be established.This paper firstly defines the meaning of the mine environment, then explains the theoretical foundation of the environmental protection institution of mine and describes the current situation of the destroyed mine environment to prove that protect of the mine environment is necessary and urgent. In addition, the legislation and management current situations of the existing legal system of environmental protection of mine in our country were summarized. Also, we analyzed the disappearances, thus offered the basis for further comparative analysis. And then, the environmental protection systems of mine of U.S.A. and Australia, two western developed countries of mining industry, were compared to analyze their characteristic and advantage for the sake of drawing advanced experience.Based On the above analysis , this paper put forward a series of complete suggestions on the legal system of mine environmental protection. The core legal system of the mechanism of mine environment reclamation and resumption should run through the whole process of the mining exploitation: form the environmental protection and resumption planning system, mining environmental impact assessment system, and the competent department's management system and the reclamation to the mining land and the resumption to the environmental factors. We should not only pay attention to the design of legal system, but also more emphasize the maneuverability of the implementation, and strive for higher social benefit with lower legal cost. This paper put forward the complete suggestions on the systems which have been built, and constructs the idea on the system which not have been built, and make the lots of Investment mechanism on the problem of mine funds.