Study On The Legal System Of Environmental Resources To Crack The Problem Of "Miheral Exhaustion And Urban Decay"

The resource-based cities are facing many problems, like the imbalance of the economic structure and the pollution of the ecological environment. Their water, air and geologic environment have been seriously polluted, and their sustainable development is facing severe challenges. Once the resources nearly dried up, they will face the difficulty of recession.On the one hand, there is a deviation of the development philosophy in the resource-based cities. The "resources determinism" theory leads to the stagnation of the economic development, the deviation of the right of the development causes the imbalance of regional development, and the priority of the development of economy lead to the environmental governance after pollution. Therefore, we have to correct the development philosophy, and set up the philosophy of the resource curse, the regional development and the priority of the prevention.On the other hand, there are several predicaments of the institution. The lack of the legal system of the aid to the declining industries and the chaos of the mineral resources taxes and fees restrict the sustainable development of the resource-based cities. The policy of the financial aid to the declining industries is built repeatedly and is lack of the restraint of the legal regulation. Besides, the management of the fund is inefficient. Mineral resource tax has some defects, such as its legislative purpose is unreasonable, its object and count are flawed. Mineral resources compensation fee is not scientific, fails to reflect the real economic value of the mineral resources, is bad for the improvement of recovery rate of mineral resources, and is built with the mineral resource tax repeatedly. The nature and the concept of the mining right fee is not accurate, and its amount is low and can’t realize the nation’s profit, and is built with the land tax repeatedly. The connotation and the name of the mining right value is not scientific. At the same time, there are some defects of the system of the mineral resources taxes and fees:it ignores the ecological value of mineral resources, its classification is unreasonable, its name is not scientific, and its rate is not flexible and is not consistent with resource-based enterprises’ life cycle.For the historic problem-the declining industries of the resource-based cities, we should establish the legal system of the aid to the declining industries and quantify the regulation. We should establish a scientific identification standard of the declining industries, set up special aid funds to provide direct aid for the declining industries and indirect aid for the continued industries, and improve the legal liability system.Meanwhile, we should design different regulations for the economic value and ecological value of the mineral resources, and they constitute the paid use system of mineral resources and integrate the current the mineral resources taxes and fees. Firstly, we should cancel the mineral resource tax. Secondly, we should modify the mineral resources compensation fee to the mineral resources royalty to realize the profit of the national ownership of the mineral resources. Thirdly, we should modify the mining right fee to the mining land royalty to realize the profit of the national ownership of the mining land. But it does not belong to the content of the paid use system of mineral resources, because it reflects the economic value of the mining land rather than the mineral resources. Lastly, we should modify the mining right value to the the mining right royalty to realize the profit of the nation to withdraw the contribution of the mineral resources exploration. Thus, the economic value of the mineral resources will be achieved by the combination of the mineral resources royalty and the mining right royalty. Besides, we should establish the ecological compensation deposit of the mineral resources and define the ecological compensation of the mineral resources scientifically to realize the ecological value of the mineral resources. In a word, we should establish the paid use system of mineral resources like this, whose heart is the mineral resources royalty, the mining right royalty and the ecological compensation deposit of the mineral resources, to solve the predicament of the resource-based cities.