Mineral Resources Law Legal System In China To Study

Mineral resources are crucial material foundation for the healthy growth of national economy. The minerals actuality of China possesses main characteristics as high gross reserves, low per capita reserves, bad resources structure, and prominent imbalance of supply and demand, etc. With the sustaining economic growth and expansion of industrialization and urbanization, the demands for mineral products mount up greatly, but domestic supplies are quite insufficient, and the external dependence becomes stronger and stronger. So, the situation of minerals is anything but optimistic one. The dependency of modern society on the un-recyclable minerals as coal, petroleum, and natural gas ascends unceasingly, thus the conflict between limited minerals and unconstrained production becomes increasingly fierce. In China, there are a great deal of problems and contradictions regarding how to develop and utilize mineral resources reasonably and how to ensure ecological safety without destroying environment. To solve these problems also balance the benefits of different social groups and that of various stages of the nation, the management of mineral resources needs to be reinforced constantly, and the law system of minerals should be made complete. These will profoundly affect the state-ownership of mineral resources, the development speed of mining producing power, and the support of mining to sustainable development of national economy. However, there are still distinct flaws with the current, primary law system of mineral resources of China which are the most fundamental reason in the system aspect for the social problems, e.g., underutilization of minerals, disorder of development, unsafe production in mine, grave ecological situation, etc.Based on the point, this thesis attempts to research from the angle of remedy system using various methods such as empirical analysis, historical analysis and comparison analysis, etc. The defects and the causes of the current law system of mineral resources of China are elaborated. At the same time, the corresponding measures are putted forward.Starting from the social issues resulting from mineral resources, this thesis annotates the inevitable trend of regulations and remedies of the law system on mineral resources. The analysis above and the empirical analysis using resources of real right theory, externality theory, nation intervention theory and sustainable development theory, provide a steady theoretical base for the development and supplement of the law system in the fields of mineral resources. Based on the theory, the insufficiency of current law system of minerals in China is discussed and thought over after probing detailedly its actuality. Follow that, deep researches are conducted in the aspects of lacking laws, no related matching system, governmental administration losing control, incomplete compensation stipulation and so on. The overall investigation of the legislation, law enforcement and judicature of mineral resources about America, Australia, and Russia (which represent western developed countries, resources-enriched countries and the states being undergoing an economic system transition, respectively) is launched so as to acquire precious reference and enlightenment. Further, drawing on foreign experiences of the remedy system of the legal system on minerals and basing upon the practice of our nation, the basic principles and the basic measures to complete the remedy system of the legal system on minerals resources of China are put forward. With the guidances of equity principle, benefit principle and sustainablity principle, in three aspects (judicial relief, administrative relief and social relief), a set of mineral resources remedy system is designed to accord with Chinese situation. In short, they are as follows: (1) implementing the last defense line of judicature through setting up judicial censorship, public interest litigation system and intensifying penal punishments for minerals-related criminals; (2) achieving high-efficiency administrative relief through strengthening of administrative reconsideration and building the perfect administrative compensation; (3) realizing extensive social relief through socialization modes such as the damages compensate fund system of environment and the systemof environmental liability insurance etc..All in all, mineral resources protection is a systems engineering. In order to regularize and constrain it rationally, complete legislation is indispensable on the one hand. Administrative management should, on the other hand, be strengthened so as to carry out laws effectively and forcefully and to make the system take effects fully. Then, the judicial guarantee is at last put into practice through lawsuit cases. Only like this, can we fulfill the sustainable development and utilization of mineral resources and realize the goal to establish harmonic society ultimately.