Legal Regulation Of China's Small-scale Mines In The Perspective Of Environmental Law

Mineral resource is one of the basic sources of the human means of production and subsistence, is the important material foundation of human survival and social sustainable development, is an important manifestation of the national comprehensive strength and is also an important guarantee for national security, Mineral resource, affecting every aspect of the economy, has become the lifeblood of the economy for all industrialized countries. China has about 170,000 mines, of which are about 2,400 large and medium mines, accounting for only 1.4% of all mines. Small-scale mines, which are an important part of the Chinese mining enterprises.Small mines are short for small mining enterprises. As a special department in the mining industry, the existence of small mines has practical necessity and rationality. All countries in the world attach great importance to the role and development of small mines; United Nations, the World Bank, the International Labor Organization all set up special small mining sectors; especially the"community and small mines"organizations, which was led by the word bank and was advocated by the British international Development Agency in 2001, convene the international conference to explore the management , policy and law of small mines in the word after its founding. As a developing country, our country has made many adjustments on the problems of small mines'development; in the sixth draft of the latest Mineral Resources law, "Regulating small Mine management" is as a separate chapter for the first time.Currently, the word do not have a uniform definition of the small mine, and in our country the media and the public have a very vague understanding about the true meaning of the small mine. In this paper, the author firstly introduce the factors of defining of the small mine, then introduce the definitions of the small mine ,which are made by the United Nations, the World Bank, the International Labor Organization and a number of scholars, and finally the author proposes the legal definition of small mine combining with china's national conditions and legislation:"Small mines refers to the profit or for the purpose of living,in mineral resource scattered distribution, not standardized, large-scale mining area, using a simple manual labor and little mechanization of mining capital, labor-intensive small-scale mining enterprises,including small-scale mining enterprises and small mining companies and individuals mining."Our country has a number of small mines and the word is highest annual volume of ore; the survival and development of small mines can not be neglected. The development of small mines can be said to hold up half of the mining economy, and our china's small mines, which are determined by the character of the uneven distribution of the mineral resources and the character of many but scattered and small, developed in the specific historical conditions .concerning about the small mines, people tend to think of illegal employment, accidents, environmental pollution and a series of other negative news reports. In fact, small mines play an important role in the aspects for local income generation, rural surplus labor, increasing local government revenues, and promoting local economic development, achieving corporate social responsibility. We can not merely look on the negative effects of small mines; we should objectively and fairly look at the historical role and future development of small mines. From the perspective of the worldwide common problems in the small mines'development and combining with the status of china's mining economic development the autor point out many problems in the development of china's small mining enterprises, such as the poor mining rights protection; the unclear legal status; the absence of environmental regulation in the integration process and so on.The third part in reference foreign small mines mineral legislative principles and basic principles and specific content of the legal system, management of small mines in China reached an important revelation: Stable policy and objective assessment is prerequisite for the healthy development of small mines; Operational, comprehensive laws and regulations is to ensure the development of small mining and regularization; Specialized management agencies, service-oriented philosophy is a small mine a dominant force in legal regulation; Industry associations and intermediary organizations should not be overlooked.The fourth part of the specific conditions in our country mine situation, make the legal system of small mining proposals and ideas. First, the form of legal ensure small-scale mines'status and determine the basic principles of legislative. Second, A chapter in a small mining legislation, the clear connotation of small mines, the contents of the legal system and the environment, security responsibilities, the establishment of environmental systems and a reasonable margin incentive and compensation mechanisms, and small mines in the specific rules of market transactions. Third, Transformation of government functions, set up special departments - the Division of small mines, small mines to provide one-stop service, training employees in the establishment of mechanisms for small mines, small mines to reduce security risks exist to guide the orderly development of small mines. Fourth, encourage industrial associations and intermediary organizations, to enhance self-discipline trade association for the development of small mines to provide capital, technology, information and investigations in the service, to help small mine onto the road of normalization. At the same time, to strengthen international cooperation between small mines, connive development of small mines.Just as expressed by Márcio Pereira Zimmerman, vice minister of mine energy department of Brazil , on the eighth annual meeting of"communities and small mines"of world bank in Brazil in October,"extracting in a small scale doesn't mean extracting at random, and it should be a sound and beneficial mining activities". After our joint efforts, we believe that small-scale mine will not be a synonym for disaster,environmental pollution and illegal employment, but will make due contributions for eradicating poverty, promoting economic growth, providing jobs and so on.