A Game Analysis Of China’s Mining Land Legislation And Policies

Mineral resources and land resources are important resources in China.Rational development and utilization of mineral resources and intensive conservation of land resources are the basic state policies in China.The problems mining company faced including difficulty in getting land use rights of mining area,high cost of land use,limited exit of the unnecessary mining land.Also,the government have faced some problem including inefficient mining land use,obvious externality,land restoration and environmental governance problems.These problems reflected that the mineral resources and land resources are under the different ownership in the legal system and this has generated a legal dilemma.The land use method in mining area and the legal relationship between mining rights holders and land owners or use right holders need to be solved in a harmonious way.The author believed that the problems of mining land in legal system should be solved on the basis of realizing development,improving resource allocation efficiency and realizing legal efficacy.Clear definition of property right is the premise to complete the legal system of mining land.Game theory analysis could help to achieve the optimal allocation of resources in the legislation and legal policy.Investigation could find the problems in law enforcement and verify the conclusion of theoretical analysis.So,based on the analysis of China’s mineral resources and land legislation,this paper optimized the existing problems in the legal policies of mining land and verified through investigation research.The analysis showed that:(1)The important basic status of mining industry in the present stage and in future would not be changed..As the material basis and source of energy in modern society,even the post-industrial era had came,new industry pattern such as high-tech industry and service industry would still rely on the mining industry.So,adhere to innovation,green,share development,mining industry could realize sustainable development within the capacity of resources and environment.(2)Land is the indispensable factors in mining activities,the mining land property rights system should follow the particularity of mining land and clear mineral land use right,definite therelationship of rights and obligations,establish reasonable system of land arrangement as a guarantee.Though mining land property rights protection system,the legal mining right could be ensured and mineral resources development activities could orderly develop in accordance with the law.(3)Combined with the successful mining land reform experience,by constructing a game analysis model to optimize the problem of legal position and accession of mining land in the legal system the author found that though the way of separate mining land in the legal system and build a four for one mining land use pattern could relize land utilization,industrial development and ecological protection within the five integrated development concept and confirmed to the resources and environment capacity.Under the green mining land legal system could realize the optimal social welfare benefits including environment benefits.(4)Investigation in Ningdong area,Yunling area and Qi taihe city had confirmed that different mining land law policy had produced different economic and social environment effects,The investigation also highlighted that the rational distinguished mining land policy could produce good economic social and ecological benefits.In conclusion,the author put forward some suggestions of improving our country’s legal system of mining land including:establishing distinguished mining land use system;establishing the judicial decision system of temporary land use;establishing revitalize system of the abandoned mining land;improving the macro management system of mining land.