Font Size: a A A

Research On Mining Land Acquisition System

Posted on:2017-01-28Degree:MasterType:Thesis
Country:ChinaCandidate:N ZhaoFull Text:PDF
GTID:2356330485498124Subject:Environment and Resources Protection Law
Abstract/Summary:PDF Full Text Request
The diversified changes in the owners of mining rights are gradually eliminating their own strong "public interest" color in the era of the planned economy. The scope of mining land which can be gained free is getting smaller and smaller, more and more mining land need to be obtained by paid way. The system of mining land paid to obtain is in accordance with the provisions of laws and regulations. But the legal system design is not perfect which results in a series of malignant mass incidents. On the other hand, it is very common to obtain mining land by leasing. That is a illegal way to obtain mining land.How we should reform and innovate our management system of mining land acquisition has caused the widespread attention of the whole society.The article is divided into five parts, discussing In sequence the basic concept of the mining land, the way of obtaining mining land, the problem in the way of obtaining mining land, the crux in the law system of obtaining mining land and the improve views on these issues.The first part mainly expounds the basic concept, classification and characteristics of mining land. Put forward an important point of view which is that land for exploration must be the land used for prospecting and exploration of the mineral resources. At least three aspects should be included in the concept of mining land, which are the land of mining right and the land of production and tailings. The mining land can be divided into four types which are Land for exploring land, industrial Square, mining area and tailing pond. It is also different from general construction land because it has a variety of characteristics of land using.In the second part, the existing mining land acquisition methods are integrated. If the land used for mining development belongs to state-owned land, the mining land should be obtained by paid for. If the land is used to develop mining belong to the rural collective land, expropriation of the land will become a necessary procedure. In addition, in 2005, the reformation of mining land acquisition are implementing, the way to obtain a temporary land used for mining is gradually accepted by more and more owners of mining rights.The third part mainly expounds the realistic problems in the system of mining land acquisition. The problem is multifaceted, such as the scope of state-owned construction land allocation is getting smaller and smaller, land expropriation easily causes mass incidents, leasing mining land become more and more commonly and so on.The forth part mainly analyses the realistic problems in the system of mining land acquisition in legal normative perspective. Mining right and mining land use right can't be effectively connected, lacking of effective system of returning mining land, lacking of legal basis for the practice of expropriating land in the rural collective economic organization to supply mining development are the main reason of various contradictions and conflicts in the system of mining land acquisition.In the fifth part, several measures were put forward to solve previously stated issues. Differential ways of being the first to acquire mining land system should be built to solve the problem of effectively connecting between Mining right and mining land using right. Mining land returning system should be built to solve the problem of lacking of effective system in returning mining land. The scope of land expropriation should be narrowed to solve the problem of group malignant events results from land expropriation.In the end of the article, a brief analysis about the accomplishments and deficiencies of the "temporary use of mining land reformation” is necessary.The opinion of promoting " temporary use of mining land reformation” may be correct, but this kind of reformation should be accord with annual plan for land use.
Keywords/Search Tags:mining land, expropriation, temporary use of mining land, annual plan for land use
PDF Full Text Request
Related items