| Since the implementation of the reform and opening-up policy, China’s economy has maintained rapid and remarkable development that make people amazing, high economic growth requires a lot of resources, Mineral resources plays very key role in the promotion of economic growth and national economic development. As the material basis on human survival and development, mineral-resources provide a lot of resources and energy for economy development is the guarantee of the economic development. Economic development and harmonious ecological environment problems, has become a major world issues of common concern. Ecological environment is a prerequisite of economic development, it provides a lot of resources and energy for economic development and economic development is the guarantee of the ecological environment to further improve.But for a long time, as a result of Pursuing the avail, and the guarantee of the law system in our country imperfect, mineral resources are exhausted and the ecological environment is destroyed, ecological and environmental problems have increasingly become the bottleneck blocking the socio-economic development.The17th CPC National Congress explicitly proposed to change the mode of economic development,and the resources and environment problems play key roles as promoting sound and rapid development of the national economy.Scientific outlook on development emphasis on people-oriented, comprehensive, coordinated, sustainable development,The government also attach great importance to ecological construction,and take a series of policies and measures to strengthen ecological protection and environment construction,make the ecological conditions more ad more better.18th CPC National Congress’s report also lists a chapter devoted to discussion of ecological civilization, proposed "to promote green development, cycle development, low carbon development" and "beautiful China construction" firstly.As the ecological value has established, people are more and more aware of the importance of compensation the ecological environment, so the establishment and improvement of ecological compensation mechanism to accelerate the repair of the ecological environment, has become a significant task at the present stage in China.Mineral resources ecological compensation mechanism is a system innovation of environmental resources management, which promotes the social equity and environmental justice by adjusting the relative stakeholders in the development and utilization of mineral resource. It is an important measure and effective form to realize a coordinated development, promote an ecological civilization and establish a harmonious society.This paper includes introduction, main body and conclusion, the introduction and main body are divided into five chapters.The first chapter is the introduction. Starting with the environmental and social problems caused by mineral resources exploitation, the author briefs the readers with the research background and research ideas of the paper, and then elaborates the importance of establishing the mechanism of ecological compensation for mineral resources. The author deems that the establishment and perfection of mineral resources ecological compensation system is very essential. Firstly it can ensure the mineral resources be used rationally and it also can improve the efficiency of mineral resources exploitation; secondly it can urge the mining enterprises to perform its obligations to Undertake the mine ecological environment restoration projects, furthermore to protect the ecological benefits of mining areas; thirdly it is propitious to the realization of the overall goal of the construction of ecological civilization, as it can make the ecological compensation funds be raised effectively, supply the construction of the ecological environment of mining areas with adequate capital;finally it can guarantee sustainable development of economy and society, realize the harmonious of all areas including mining areas, and ultimately achieve common prosperity.The chapter lastly focuses on the present status of the research in and abroad, the main research contents of the paper.The second chapter firstly reviews the current theory about ecological compensation, and then reaches a conclusion about the conception and features of ecological compensation. After that by comparing with different scholars’opinions on the ecological compensation of mineral resources, we obtain the correct meaning and characteristics of ecological compensation for mineral resources, further the author expounds and proves the necessity of establishing and perfecting the ecological compensation system for mineral resources exploitation, argues that the establishment and perfection of the ecological compensation mechanism for mineral resources exploitation is inevitable requirement as to protecting the ecological environment of the mining areas and promoting the coordinated development of economy, it also can ensure that the funds for protection of the mining area’s ecological environment is enough, then to protect the interests of the mining area’s ecological environment protector, finally to realize the sustainable development of mining area.The third chapter introduces the current situation of ecological compensation system for mineral resources exploitation in China, and points out that ecological compensation system for mineral resources exploitation especially mineral resources tax and fee system has experienced a process from nonexistence to pass into existence, and still improve and perfect in a deep-going way ceaseless. The present legislation exists in a variety of different levels of law, has formed a set of more complete system. According to these legislations our country also imposes various mineral resources taxes and fees correspondingly, and we carry out the ecological compensation for mineral resources exploitation work with these taxes and fees actively, and achieved certain results.Then points out the system’s problems is that the legal system is not so perfect in China, the system of mining tax and fee also is not rational, the range of the ecological compensation is too narrow, the division of labor between the mining ecological administration section is not clear, the mechanism of ecological compensation has not been devised well.The fourth chapter introduces the legislation and practice of America ecological compensation institution for mineral resources. As developed mining countries, which probed into the mining tax and fee about ecological compensation for more than half a century, has accumulated rich experience, which including flexible and practical mining tax system, rigorous mine land reclamation fund system and various deposit system;in addition the effective management system with A clear division of labor, Coordination and Strict and efficient., all are useful lessons and inspiration to our country.The fifth chapter aiming at problems existing in the exploitation of mineral resources ecological compensation legal system, on the basis of using the experience of the United States, so the author suggests that we should follow the rule of fair, keeping the Compensation and loss equal, sustainable development.We should firstly formulate and enact "Ecological Compensation Ordinance" and the "National Mineral Resources Development and Ecological Compensation Law" as soon as possible to improve the legal system; secondly, we must improve the resource tax system, establish the abandoned mines ecological fund system, improve the mine environmental recovery and management deposit system to reconstruct the mineral resource tax system;Thirdly formulate the range of the ecological compensation reasonably, suggest that we should expand the scope of the compensation step by step on the basis of the insufficient compensation case; Fourthly we should clearly defined the division of labour between the mine ecological management institution,set up specialized management institutions for the ecological compensation, establish supervision and coordination mechanism for specialized departments, Lastly perfect the Particular system of ecological compensation, so as to improve the mechanism of ecological compensation for mineral resources in china further. |
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