Study On The Legal System Of Mining Land Reclamation In China

Our territory is vast land, rich in mineral resources’inventory. However, too much emphasis is placed on mineral resources than mining land resources and eco-environmental problems in a long term. It leads to a serious shortage of mineral resources and land resources. Meanwhile because China’s large population and limited land area, there is a parent contradiction between population and land. The ecological environment in mining areas has been facing a grim situation, and solving the problem of mining land reclamation is urgent. The legal system must be improved to ensure that mining land reclamation work smoothly. Therefore, perfecting and wise using the legal system are important for the sustainable development, scientific use and protecting ecological environment of mineral resources and land resources. Only the sound law can ensure the balance in economic, social and ecological benefits of land reclamation in maximum degree. Compared to " Regulations on Land Reclamation " promulgated in1989, although the " Land Reclamation Ordinance " promulgated by the State Council in2011is more detailed in acceptance of land reclamation, incentives and legal responsibilities. However, due to the lag of the law, China should promulgate " land reclamation regulations " as an opportunity to combines with " eighteen Report " and " CPC Central Committee on deepening reform of the overall number of major issues "which proposed requirements to accelerate the construction of ecological civilization, uphold the basic state policy of resource conservation and environmental protection, prior conservation, as well as natural recovery-oriented approach to the implement of major ecological restoration projects, enhance the ecological production capacity; constructed of ecological civilization, established a complete system of institutional system of ecological civilization and the source of the implementation of the most stringent protection system, damage compensation system, the accountability system, improve environmental management and ecological restoration system, with a system to protect ecological environment, to in-depth study and practice inadequate laws and regulations, the problems of our country’s legal system for mine land reclamation perfect.In this paper, it is based on mining land reclamation to expound the connotation of the land reclamation and mining land, and lay a theoretical foundation for the later in-depth research. Then analyse the foreign laws, use its advanced concepts and combine with practical experience and legal situation of mining land reclamation in China to sum up our successes and failures. Finally, using the experience of other countries for reference, establish a legal system of the mining land reclamation in concept according to our own national conditions.