Reserch On Legal Issues Of Mine Ecological Environment Restoration

Mineral resources is the human survival and development of an important material guarantee, and isthe basic guarantee for the relationship to national security and economic development.Development andutilization of mineral resources，on the one hand, promotes the development of social economy, improvesthe people’s living standards; on the other hand, it has caused serious damage to the ecological environmentof mining area.These hazards are mainly embodied in: atmospheric pollution and acid rain caused by largeamounts of gas, dust, waste residue emited in the process of mineral resources exploitation; water resourcessystem destruction, groundwater level decline, the depletion of water resources, water pollution in themining area and the surrounding；a lot of land and basic farmland is taken up,which aggraves soil erosionand land desertification; mining causes surface collapse and debris flow, landslide and other geologicaldisasters; biodiversity loss result from the destruction of the ecological environment.The cause of the destruction of ecological environment in mining area are in many aspects, the first isthe lack of systematic theory, at present China’s mineral resources management still adhere to the "Atemponary action instead of total solution ", and has not yet formed a feasible system theory.Secondly,dislocation area management mechansm, multiple law enforcement, treatment effect was not significant.Thirdly, lag of relevant laws and regulations, many defects in the legislation, in the implementation alsocauses a lot of problems. Finally, insufficient investment in the management of the mining area,development and technical means backward.Over the years, solveing the problem of ecological environment in the mining area is based on thevegetation restoration and other biological measures and revetment engineering measures, practice hasproved,these measures to be effective, but the law guarantee perfect is essential. The relevant legalprovisions on the protection of the ecological environment in mining areas are scattered in the"environmental protection law","mineral resources law" and other laws, such provisions are stipulated inprinciple, and the detailed rules for the implementation of related and regulations are still not in place, thelaw operability is poor, and law enforcement inadequate,resulting in deterioration of ecologicalenvironment of mining area in China, the production process of mining enterprises causes destruction ofecological environment.Facing the serious situation where the mining area ecological environment is destroyed, the state also issued and improve the relevant legal provisions, such as the2007EnvironmentalProtection Administration issued "on Further Strengthening the ecological protection work opinion", in2012eleven session of the National People’s Congress Standing Committee of the twenty-eighth meeting ofthe first consideration of the "the people’s Republic of China Environmental Protection Law AmendmentAct (Draft)" have highlighted the importance and necessity of the protection of the ecological environment.With the country attaching great importance to the protection of the ecological environment of mining area,the mining area ecological environment legislation will have further development, but so far, the lack ofcoordination and balance between environmental protection laws, results the embarrassment that "law"is somany, but "rule" is so difficult. This requires us to the mining area ecological environment laws andregulations system, strengthen law enforcement, improve the judicial supervision.Aiming at problems with restoring the ecological environment in mining area in our country, Thearticle will provide some countermeasures from the legal perspective. The article is divided into four parts:the first part is an overview of mine ecological environment restoration. Introduce the concept of ecologicalrestoration and ecological and environmental problems in mining area in our country, points out that it isnecessary to restore the ecological environment of mining area. The second part is the legal defects ofecological environment in china. Have studied on the current legislation in mining area ecologicalenvironment restoration in China, the part analysis of the legislative defects of the ecological environmentand the problems in practice.The third part is about the law of mining ecological restoration in foreigncountries and its revelation. Introduces the legislation of the United States of America, Germany andAustralia about restoring the ecological environment of mining area, point that improving the law ofmining ecological restoration, reforming law enforcement agencies and implementing the channeldiversification of ecological restoration fund,is the successful experience of mining ecological restoration.The fourth part is the legal advice of mine ecological environment restoration in China. We must perfect thelegislation, establish and perfect the legal system of mining area ecological environment restoration;establish law enforcement agencies,strengthen the enforcement of ecological environmen law; expandpublic participation, improve the legal supervision.