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Our Country Mines The Collapse Area Ecology Repair Legal Regime Research

Posted on:2011-09-26Degree:MasterType:Thesis
Country:ChinaCandidate:Y M LvFull Text:PDF
GTID:2166360308465473Subject:Environment and Resources Protection Law
Abstract/Summary:PDF Full Text Request
There is a lot of mineral resources in our country, but mining subsidence caused by mineral resources exploitation made serious damage to the city's ecological environment, and becomes one of the main problems that restrictes the sustainable development of resource-based cities. While damaging the local ecological system, mining subsidence forces the relocation of local residents rebuilt. If the conflict between mining companies and local resident is dealed properly, social instability will be increased. Chinese scholars have made impressive research on the issue of Ecological Restoration in Subsidence Area, and there is a large number of academic scholars and related resultsComprehensive management to Coal Mine Subsidence began in the early 80s of the 20th century in China, and a series of eminent scholars on ecological restoration appeared, like Hehe Gu, Jinhui Wu, Aiwu Luo and so on. They proposed "coal mine collapse sustainable land use" concept and five models for mining subsidence land reclamation. The proposed measures for ecological restoration programs are based on current research corresponding to the actual situation of some land subsidence, and has achieved some certain economic, social and environmental benefits. But they are generally studied on ecology and economics perspective, not from the view of the law. There is not law dedicated to ecological restoration, but only some related regulations or policies about ecological restoration with a lower rank. Though according to the "Mineral Resources Law" and "Land Management Law" requirement, cultivated land, grassland, forest land damaged by mining enterprises must be relocated and utilized, there are still many defects. By analyzing the legal system on ecological restoration of collapse area and finding the deficiencies, the article compares the advanced ecological restoration of law and policy overseas, proposes the Chinese Legal System of ecological restoration measures to improve protection to production and living environment of residents in collapse area, realizing social fairness and justice.Four parts are proposed to explain the legal regime on ecological restoration of collapse area. The first part is the outline of the ecological restoration of mining subsidence area. In this part, basic concepts involved are specifically defined, using empirical analysis methods, a Shandong mining subsidence area is taken as an example and deeper analysis is made on the situation of the ecological restoration, which makes matting for law system in the collapse of ecological restoration. In the second part, taking legal means to regulate the collapse of the ecological problems. using text analysis to the environment right theory and ecological compensation mechanism, basis of legal theory to ecological restoration for mining subsidence area is found. In the third part, legal system like environmental impact assessment system, three simultaneous system, restoration deposit system is analyzed, and deficiencies the legal system about ecological of mining subsidence ecological restoration in China are proposed. In the fourth part, using comparative analysis, study of legal system of ecological restoration and ecological restoration in China and developed countries is carried on, and according to this experience, legislative level in this field will be improved and then legal system on restoration of Mining Subsidence Area's will be consummated.Based on existing research, this article analyses the problem in mining subsidence ecological restoration from the legal point. It will enrich the research in this field and widen the research area of environmental legislation. Mining subsidence ecological restoration is a complex problem which related to environment, ecology and other discipline. To such a multidisciplinary legal theory, this article proposes the author's own humble opinion and there is still a long way ahead for many people's hard working.
Keywords/Search Tags:Mining Collapse area, Ecology repair, Environment Legal system
PDF Full Text Request
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