Research On The Acquisition And Withdrawal Of Mining Land In China

The acquisition of mining land involves the effective exercise of mining rights,while the reclamation and withdrawal of mining land involves the sustainable development of ecological environment and the effective use of land resources.However,the existing laws on mining land are not perfect,and the management mechanism is not perfect,so that the acquisition of mining land is not only restricted by the government construction land index,but also subject to the rejection of the original land owner,resulting in the mining right is not effectively exercised,and into an embarrassing situation.In terms of withdrawal and reclamation,the shortage of reclamation funds and imperfect withdrawal mechanism lead to low land reclamation rate and idle waste of land resources.This paper studies the acquisition and withdrawal of mining land in China by combining relevant foreign studies and theories of property law and following the idea of "put forward problems-analyze problems-solve problems".This paper is divided into five parts:The first part is the introduction.Firstly,it mainly introduces the significance and background of the topic,and puts forward the problem of mining land acquisition and withdrawal in practice.The second is to review the domestic and foreign research,comparative analysis;Finally,the article writing ideas and innovative points.The second part is the introduction of the mining land system,mainly expounds and analyzes the legal connotation,nature,subject and object of mining land and the current system of mining land.The third part is the practical dilemma of China's current mining land system.It makes a theoretical analysis of the current mining land acquisition difficulties and the low reclamation rate,so as to find the "symptoms" for the following article.The fourth part is the consummation suggestion of mining land acquisition,mainly puts forward the acquisition method of mining easement mode,and provides a new idea for the acquisition of mining land;Secondly,it is proposed to improve thescope and procedure of land expropriation and combine mining easement with land expropriation to form a new way of mining land acquisition.The fifth part is the suggestion of mine reclamation and withdrawal,which is mainly to introduce the research fund of mine reclamation,strengthen the guarantee of the source of mine reclamation fund,so as to realize the smooth progress of reclamation work.And proposed to establish the system of early recovery and land replacement system to promote the effective use of land resources.The sixth part is the conclusion,which mainly summarizes the research methods and conclusions of the paper.