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Studies Of The Legal System Of Land Reclamation

Posted on:2013-12-06Degree:MasterType:Thesis
Country:ChinaCandidate:Y WuFull Text:PDF
GTID:2246330377953503Subject:Environment and Resources Protection Law
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Mineral resources in China’s economic and social development plays an important role, But the mining is high pollution industries, especially in recent years, our country has been in continuous large-scale mining of mineral resources, a series of serious mining area environment cause has been concerned by national and social. Ecological environment of mining dramatically worse, in a lot of the wasted lands of mining area was set aside. Because these problems affect social economic development in various aspects, so, establish the wasted lands land reclamation legal system is very necessary.Thesis mainly wrote mine land reclamation as the content of the law system.The thesis has four parts.From the establishment of mine land reclamation as the basic theory of legal system began, with China’s existing mine land reclamation present situation,analyses the defects in the laws of land reclamation, and in foreign countries of some success after reclamation system, this thesis puts forward the perfect our country mining land reclamation legal some suggestions of the system.the first chapter of the wasted lands from land reclamation law system of basic theory, demonstrated the wasted lands and land reclamation law system about "’recovery ecology’’"ecological compensation","externalities and state intervention" and "sustainable development" theory. The basic theory in our mine land reclamation of legal system embodied in the application of mine land reclamation and the determination of target connotation, land reclamation and connotation mining area target with the ecological restoration and ecological reconstruction tightly together. At the same time, the ecological compensation theory, externalities and the theory of state intervention and sustainable development, and theory in mine land reclamation in the legal system and the mining license system, mineral resources compensation taxes, reclamation deposit system, reclamation fund system of the relationship between the made clear.The second chapter from our country mining land reclamation and reclamation legal development history to the introduction of mine reclamation of history of legal system. China mine land reclamation really began in the1980s, in previous main performance for small range of great turns the soil. In the seventys and eightys,we began to study the problem,what the reclamation experimental and theoretical. In1989,the land reclamation provisions marks our country land reclamation system on the orbit of legal system.The third chapter introduces the main mining land reclamation legal system of some foreign experience. We summarize some main mining country the mining area of land reclamation legal system. Analysis the following five aspects:From the reclamation legal system establishment the legislation before restriction system, supervision system, incentive system to solving the history problem of fhe Mining area. Summed up these countries’success in the aspect of the wasted lands, and based on these, combined with our country’s existing condition analysis to give our country the model of related system. The United States of mining license system, reclamation by system, ensure that the fund system of land reclamation in practice constantly perfect already quite mature, We should learn from experience.The fourth chapter is according to the theoretical analysis, the total analysis of the thesis and study the foreign experience, We explore the mining land reclamation of our country legal system improvement Suggestions. Basically has the following several Suggestions:Design special section of Mine land reclamation legal system in the Land reclamation regulations,put the Reclamation plan as a prepositional procedure before getting the mining license procedures, Ensure the security of the system of land reclamation, Set up abandoned and old mine reclamation fund system, to perfect our reclamation incentive system, reclamation supervision system and reclamation acceptance system.
Keywords/Search Tags:Wasted lands of Mining area, Land reclamation, Legal system
PDF Full Text Request
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