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Study On Acquisition And Withation Mechanism Of Mining Land In China

Posted on:2016-12-21Degree:MasterType:Thesis
Country:ChinaCandidate:R P DuFull Text:PDF
GTID:2176330470451379Subject:Environment and Resources Protection Law
Abstract/Summary:PDF Full Text Request
Mining land in close contact with the mining production, is a special type of landuse, the management of mining land land management should be consistent with thegeneral provisions, but also in the follow mining production made special provisionson the basis of its own laws, especially mining sites obtain system and exitmechanisms. Mining is a prerequisite for obtaining land mineral development, thetraditional allocation, assignment and transfer of the collection after obtaining miningmethods can not meet the needs of production, not only in conflict with existing laws,and lead mining rights of man and land rights conflicts. Mining land to quit is thebasis for re-use of land mines, but due to legal reclamation rate, as well as the exitmechanism blank, China’s mining land exit status is not optimistic. The root cause ofthese problems is that China does not land the mining industry as a special type ofland reflected in the law, nor to clarify the relationship between the mining rights andland property from the source, resulting in the practice of the parties to the conflictcontinued, serious restricting the development of the mining industry.In this paper, the concept of classification, the nature of land for mining andother basic theory as a starting point, summed up the current mining site acquisitionmethods and problems of mining land exit status and problems, and profound analysisof the causes of the problem, introducing some foreign Mining Land-based nationallegal system, based on the actual situation of China’s mining land proposed miningsite acquisition sound manner and build recommendation mining land withdrawalmechanism with a view to reform these suggestions or ideas can be as early aspossible in the mining sites of special laws and regulations reflect, in order to betterpromote the sustainable development of mining production.This paper consists of four parts: The first part introduces the basic theory of themining sites. The law does not make provision for the case, the concept of miningland, nature, classification and characteristics to be clear and brief history of thedevelopment of China’s mining land law system. The second part introduces obtainforeign mining land reclamation and exit laws. To acquire land for mining basedapproach, selecting the most representative of Germany and Australia, Germany isforced to obtain representative system, and negotiation of Australia made the mostrepresentative system, in addition to the United States as the world’s largest miningcountry, its mining sites system is what we need to understand and learn. The thirdpart of the analysis, the status quo of China’s mining land use management. Theexistence of a conflict of mining rights and land property relations on the grounds, aswell as details of what the problems of mining land reclamation status quo andproblems of mining land exit status quo and problems of our current mining sites havemade way. The fourth part, the Perfection of mining land acquisition, mining land exitstrategies. Including mining land for special legislation, coordination of mining rightsand land property relations, establish a sound system of mining site acquisition,construction of four major mining land exit mechanisms. Obtaining system, theproposed establishment of a new way to achieve, in terms of exit mechanism,proposed different ways to choose from.
Keywords/Search Tags:Mining land, Mining site acquisition, Land Reclamation, Exit mineland
PDF Full Text Request
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