Mining Land Revitalization For The Life Cycle Of Mining

Integration and efficiency improvement of mining land is of great significance to intensive use of land and protection of arable land red line as the goal of China's land system reform.Mining land revitalization is studied from the perspective of land use right allocation in the paper.The paper analyzed the features,patterns,obstacles and corresponding coping mechanism of mining land revitalization according to the theory of life cycle of mining activities,also reviewed and remedied defects in the existing legislation and law application system related to mining land revitalization according to legal theory.The main contents and results are as follows:(1)Has constructed research system of mining land revitalization and explained different concrete revitalization goals and features at various periods of mining land with land use right optimization as the main line according to the theory of life cycle of mining activities;and also has revealed mining land revitalization as the legal behaviors system with market and administrative interaction through legal analysis for connotation and nature of that.(2)Has designed modes of land revitalization given consideration to general features of mining land and particularity of specific land types following the mining operation sequence(access,using,reclamation and exit): in the access period,analyzed modes of mining land revitalization from the judgement of land use right admittance and the initial configuration optimization of that right;in the using period,analyzed revitalization modes from keeping subject of land use rights(including: mining companies internal optimization guided by Green Mine Construction,and mining industry chain integration according to the construction of mining zone)or changing that(including: bundle transfer of land right and mining right aiming at independent mining project assignment,and mining companies mergers and reorganizations for scale management);in the reclamation period,analyzed revitalization modes from reclamation industrialization operation as for the core of decomposition of rights and obligations,and economic incentive as for the core of scientific distribution of reclamation benefits;in the exit period,analyzed revitalization modes of mining land which has reclamation obligor from taking back the land use right by governments,moving of land use right in the market,and mining companies transferring to other industries,also discussed revitalization modes of mining land left over from history from adjustment and arrangement of mining land by governments,and reusing land by public-private cooperation.(3)Has perfected relevant land laws aiming at mining land revitalization in order to ensure the legal feasibility of revitalization mode.Firstly,improving legal system from the level of effectiveness of regulations and norms;secondly,improving legal content from the level of factors and types of legal act;thirdly,improving legal measures from various periods of mining land: establishing legal mechanism of peasant collective land circulation in the access period,forming duty allocation mechanism as to the internalization of external diseconomy in the using period,correcting the lack of reclamation pilot policy in the reclamation period,clearing exit mechanism of occupies or rights on mining lands in the exit period.