Legal Problems On The Ecological Compensation Of Mineral Resources Exploitation

In a long time, the exploitation of mineral resources has created serious ecological damage to the land, water, vegetation and other resources as well as the rights of the mining area residents. So how to reduce the damages of mining industry to the environment has become an important problem, which must be tackled urgently. Some areas have tried to do a beneficial practice of the ecological compensation, however, due to the lack of higher-level laws and policies in the volatile, these measures seamed to be "very difficult." To build ecological compensation system of mineral resources is the key to resolve the issue, and only through the legal measures to repair the damage to the mine environment and governance compensation for damage to the mining area residents, there could be a state of harmony among mining and the environment, man and nature, economic and social relations. Because of the particularity in the exploitation of mineral resources, we will try to do a lot of discussion about the basic theoretical issues involved in a more in-depth in order to eliminate the obstacle for mineral resources exploitation.Based on the current status of the ecological compensation of the mineral resources, we carry on further analysis that there are not true: ecological compensation systems in our current legal system. Even if the resources tax has the nature of compensation, but it is still not detracted from the nature of economic compensation. So we can draw the conclusion that the loss of the legal system about ecological compensation of mineral resources exploitation is the key to solve environmental pollution and destroys. We think that the essence of the ecological compensation of mineral resources is to carry on a beneficial coordination between economic and environment, mineral industry and mineral area residents. Meanwhile for the mineral industry business it has the functions of prevention, guiding and controlling environmental pollution and reducing economical damage. We consider that the ecological compensation of the mineral resources exploitation can effectively resolve the problem of irrational pricing minerals and "Market Failure" and the "government malfunction" from the analysis about the theoretical basis and the reality of starting. And reached a balance between fairness and efficiency, the principle of sustainability and who will benefit the development of mineral resources should be the principle of compensation for ecological premium the basic principle of compensation.In the theory of environmental resources, mineral resources development and ecological compensation is still a relatively new topic, there are many issues worth exploring, developing and utilizing mineral resources of the ecological compensation, who is going to fill? Supply? How premium? It is one of the key issues cannot be evaded. This paper believes that the developments of mineral resources in the market are unique, so we come to the conclusion that the development of mineral resources compensation for ecological compensation should be based on market-led model for compensation from the government for supporting the compensation. The scope of compensation for the damage is mainly to its function of the ecological environment of restoration and compensation for residents of the mining area, which are lost development opportunities, and the main sources of their funds are from the mining enterprises and beneficiaries. It also holds that the appropriate standard should improve the ecological compensation, the only way to play an effective constraint ecological compensation function mining quickly made extensive changes to its original mode of operation of the external environmental costs, effective prevention and suppression of environmental problems, from the source to achieve effective protection of the ecological environment in mining areas.Based on the long-term ecological compensation practice troubling analysis of the main issues, we can concluded that in China construction of the ecological compensation about the exploitation of mineral resources in the legal aspects of ecological compensation system is the key to effectively address the environmental problems caused.