Mineral Resources Compensation For The Use Of The Legal System

Mineral resources is important natural resources, it is significant to the development of social production material base, modern social people's production and life are inseparable from mineral resources. Our country is a mineral resources in power, but the large population and mineral resources belong to the non-renewable resources, with the rational development and utilization of mineral resources and protection is particularly important. Long-term since, our country has been free or mineral resources, both lead to use cheap mineral resources failure and the ecological environment quality deterioration, also go against mineral resources in the national economic and social development, the biggest benefit play with socialist market economy system does not adapt. So, establish and perfect our country's legal system of paid use of mineral resources is imperative. The paper summarizes the existing system of paid use of mineral resources, and the reference of foreign mining developed countries the institutional arrangement for use of resources, comply with the world mining development trend and combining with the actual conditions of our country mining industry and perfecting the system of paid use of mineral resources, and has important theoretical significance and practical significance. First of all, to clarify the mining right and the theory of paid use of mineral resources; Second, through the study of mineral resources, the improvement of the system of compensated use to fully safeguarding the state's mineral resource owner's equity; Again, be helpful for mineral resources protection, prevent environmental pollution and ecological destruction.Mineral resources for use of mineral resources, on the one hand, to the realization of state ownership, on the other hand can promote the rational development and utilization of mineral resources and the protection of the ecological environment. The mining right theory, mineral resources itself, the value of the mineral resources in the process of developing the externality and mineral resources in the process of developing the principles of sustainable development, determine the mineral resources must be paid useful. Our country has initially formed a legal system of paid use of mineral resources, but the framework of relevant legislation imperfect, the existence of the mining right obtained double-track, mineral resources paid use of tax and fee system is not rational, mineral resources development in the process of neglect environmental protection etc. In order to fully effective realization of national mineral resources ownership and promote the rational development and utilization of mineral resources and the protection of the ecological environment, China's urgent needs to perfect legal system of paid use of mineral resources. On the analysis of China mineral resources paid use legal system based on the problems existed, we still need foreign advanced experience of about this system. And China's specific conditions, full consideration of the central and local interests balance of mineral resources, deal well with paid use other taxes mining enterprise bear the relationship, and paying attention to current as the basis, coordinate relevant legal relationship. In reforming and perfecting the legal system for use of mineral resources in the process of mining right, need to unite the market, reform has paid use of mineral resources of existing tax system, establish the royalties system and the mine environment restore deposit system, establish and perfect the mineral resources in China for use of legal system. Mineral resources law system of paid use of mineral resources in the perfection of the legislation, and puts forward new requirements in the modification of the mineral resources of the mineral resources shall also be for the improvement of the system of compensated use law provide a powerful legal protection.