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Research On The Legal Problems Of Land Reclamation Of Mining Sites

Posted on:2016-05-16Degree:MasterType:Thesis
Country:ChinaCandidate:L YuFull Text:PDF
GTID:2296330461958897Subject:Environment and Resources Protection Law
Abstract/Summary:PDF Full Text Request
Mining sites are complex ecologically and have many social conflicts. Problem of land in mining sites is not just the environmental problem, but has risen to affect the national strategy. Ecological environment in mining sites has deteriorating Rapidly and there is a large number of abandoned mine land have been set aside. So carrying out land reclamation of mining sites is necessary and inevitable. To build a feasible legal system of land reclamation of mining sites, should clarify the concept to provide theoretical support for the legislation system firstly, then analyze the situation. Finding breakthrough from deficiencies and providing for countermeasures ultimately.Due to land has the dual attributes of the natural and social, and characteristics of land ownership in our country. Land reclamation of mining sites related to reasonably protect the environment and achieve sustainable use, development land of left abandoned mine. Also in order to guarantee the interests balance between state, collective, individual and mining corporation. So Land reclamation of mining sites is imperative. Legal system of Land reclamation of mining sites as an important part of the law of mineral resources, has the significance of reference to promote perfection of the law of mineral resources, quit of mineral resources exploitation, environmental restoration.This paper is divided into the following parts:The first part discriminate the concept of land reclamation of mining sites. According to the obligations subject, reason, scope and objectives that obtain the concept of land reclamation of mining sites. To expand the original conception of land reclamation of mining sites. According to the forward-looking legal and non-legal theory to lay the foundation for later analysis and research,which is the premise to build and improve our related legal systems.The second part analyzes the plight of land reclamation. To analyzes the lack of legislation and policy firstly. And according to “Prisoner’s Dilemma” to analyze the current situation of land reclamation. Then put forward that in order to get out of this dilemma,need the country to intervene corporate behavior. And then explain the issue of land reclamation of mining sites encountered. The third part analyze the issues of land reclamation of mining sites encountered. The main problem is the responsibility is unclear, the lack of supervision, the funds shortage and the implementation of public participation is not well.The third part according to the existing issues obtain the result that land reclamation of mining sites must target restore environment. The key to achieve it based on public participation to improve the regulatory system, establish the system of management responsibility and improve security mechanism of funds. Only to improve the system of land reclamation of mining sites gradually, to make contribute to the development of China’s economy, society.
Keywords/Search Tags:reclamation, restoration, public participation, reclamation security payments, responsibility
PDF Full Text Request
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