| In recent years the economy of China has got rapid development while the environment has been damaged to some degree. Inner Mongolia can be an example. The backbone industry is mineral resources development which damages the environment of grassland and Gobi desert. Since the traditional way of life of ethnic minorities largely depends on the good environment, the development and even survival of ethnic minority will be greatly threatened once the ecology is damaged. The process of mineral resources development also has great impact on the local culture. From the view of international human rights law, this is an infringement of the culture right of minority people. Among the related parties of mineral resources development, the minorities are the weak party, comparing with the state and the developers. So studies on laws and law making are needed to secure the development right and culture right of ethnic minorities. Within the present institution system the ecological compensation system is to be set up not only to protect the ecology system but also to promote the development right and culture right of ethnic minorities. This dissertation does researches on two aspects. One is on how to restore the ecological system to secure the survival and development right of ethnic minorities by the way of ecology compensation. The other is the study on the infringement and protection of the right and interest of the ethnic minorities. In the existing academic materials, there are few articles on this. My study stresses on the relationship between the economic development and the rights and interest of the minorities. The study will focus on the important role of law.In 1870s, two professors from Massachusetts State University raised a rapid assessment model to help government to issue compensation license on wetland development. Afterwards, USA, Great Britain and Germany etc. successively set up the system of compensation guarantee money. After that scholars and research institute began to study ecological compensation. These were cross-disciplinary researches, which applies the methods of economics and statistic analysis. These researches are comparatively deep and detailed.By searching the academic web pages of CNKI, there are only quite limited number of articles on the ecological compensation from mineral resources development. The existing researches rarely concern ethnic minorities or the special interest and rights of minority area. Considering the scanty studies and the practice on the ecological compensation from mineral resources development, my dissertation can be divided into 5 parts:Chapter I is on the necessity and the main problems presently on the ecological compensation from the mineral resources development. Taking Inner Mongolia Autonomous Region as example the dissertation elaborates on the important role of mineral resources development on the economic development of ethnic minority area. The case is analyzed to illustrate the ecological and environmental problems caused by mineral resources development. The reasons on these problems are also analyzed. The ecological compensation system on mineral resources development should be set up in ethnic minority area.Chapter II is the studies on the concept, the legal connotations, and the existing system of ecological compensation. The concept and principles of ecological compensation in ethnic minorities are special clarifies. The first is to tell the relations and difference between ecology, environment and resources, which further shows the value of resources—environment. This is the theoretical basis of ecological compensation. On the basis of commenting on the concepts raised by scholars of various disciplines, the dissertation tentatively gives the concept and principles of ecological compensation from mineral resource development in ethnic minority area. Then by using the contents from the international human rights law on securing ethnic minority's human rights, development rights and environment rights etc. the dissertation analyzes the due rights and the interest which need to be protected during mineral resources development. This can give an effective additional explanation for the existing laws. Chapter III is the studies on the legal provisions about ecological compensation from mineral resource development. This includes the history of national and local ecological compensation, comparison on the contents of various articles on ecological compensation in different areas. By assorting the terms and conditions from national and local laws and regulations on ecological compensation from mineral resources development, the dissertation gives the problems on ecological compensation, mainly on the legal provisions. Then the main factors are given on making laws on ecological compensation. By analyzing these factors, we try to find the missing factors on ecological compensation from mineral resources development.Chapter IV is the study on the practice on the implementation of ecological compensation. By analyzing each article on various taxes and the tax share dividing between central and local government, the dissertation gives the income which should attribute to the ethnic minority area. The various special measures for ethnic minority area in tax levy and distribution and how to use these special measures show the special care and the protection of their special rights. The problems on amount of tax, the distribution of these incomes and the actual compensation are also analyzed. Afterwards the missing factors for ecological compensation are given out.Chapter V is some tentative ideas on perfecting the ecological compensation in ethnic minority area. Some theories and practices from other developed countries are referred. The system on protecting the interest of ethnic minorities, the treaties, institutions and the ways of protecting the interest ethnic minorities in mineral resource development are studied from the view of international human rights law. The related legal theories on ecological compensation for ethnic minorities, the participation of ethnic minorities, the possible problems and difficulties when solving ecological compensation problems by making autonomous regulations and other regulations. The environmental protection consciousness and the customary practice by ethnic minorities are also studies; among these positive ones can be used. Studies on the survival and development rights of ethnic minorities are also done to improve the tentative ideas on the legal system of ecological compensation for ethnic minorities.
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