Research On Compensation For Withdrawal Of Mining Right Based On The Principle Of Trust Benefit Protection

Under the social background that the country has increased the construction of ecological environmental protection and implemented a strict ecological protection system,more relevant laws and regulations have been revised.Based on the adjustment of ecological environmental protection areas,the transformation of polluting enterprises,and mining rights in mining enterprises Faced with the withdrawal from environmental protection areas,and the cancellation of mining rights in transition.This article starts from the perspective of mining rights withdrawal and its compensation,starts with the basic theory of trust protection principle,analyzes the deficiencies of China's mining rights withdrawal compensation legislation by drawing on domestic and foreign mining rights withdrawal compensation legislation,and draws on foreign legislation experience.Suggestions for improving the legislation of the withdrawal of China's mining rights compensation system.This article mainly includes the following parts: The first part is the introduction.This section introduces the research background,significance,research content,and research ideas,and summarizes the relevant research status at home and abroad.The second part is the analysis of the concept and nature of the withdrawal of mining rights.Mainly includes: the concept and nature of mining rights,the withdrawal of administrative actions and the nature and characteristics of the withdrawal of mining rights.It is pointed out that the withdrawal of mining rights is essentially the withdrawal of administrative actions.The third part relies on the principle of benefit protection and compensation for withdrawal of mining rights.This section elaborates the connotation,composition and methods of the principle of protection of trust interests,and the protection of trust interests and methods in the withdrawal of mining rights.The fourth part is the legislative reference of foreign mining right withdrawal compensation.By combing the legislation of mining rights withdrawal compensation in the legislation of foreign major mining countries,including Russia,Brazil,Australia and other countries,the legal systems for the withdrawal and compensation of mining rights in these countries are summarized.Through analysis,it is found that the regulations on the withdrawal of mining rights in these countries are mainly stipulated in the mining law,which generally stipulates the circumstances of the withdrawal of mining rights,the main body of compensation,the scope and procedures of compensation.The fourth part analyzes the legislation and practice status of my country's mining right withdrawal compensation.This part first analyzes the legislative provisions of my country's mining rights withdrawal compensation,and analyzes the deficiencies of legislation.Secondly,taking the practical exploration of the withdrawal of mining rights in nature reserves as an example,this paper analyzes the status quo of my country's mining rights withdrawal and the plight of practical operation.The fifth part is the perfect suggestion for the withdrawal of compensation for my country's mining rights.This part puts forward suggestions for improvement from the existing legislative framework and its future legislative amendments that need to be improved in two aspects.It puts forward suggestions on the subject,scope,methods,procedures,etc.of the withdrawal of compensation for mining rights.It also puts forward suggestions on the improvement of administrative law and mineral resources law.It also puts forward proposals on the compensation plan for the withdrawal of mining rights.