On The System Of Circular Mining Legislation

With the rapid development of mining industry in our country, combined withhuman unreasonable development and utilization of mineral resources, makes a lot ofmining face crisis, environmental pollution lead to ecological imbalance, broughtgreat damage to the local residents, how to reduce and contain mineral resourcesexploitation to the destruction of the environment, the mining area ecologicalenvironment restoration, have already become a problem we need to solve. Follow theidea of bad economy is raised, gradually get practice at home and abroad, has a goodecological effect and environmental benefits. Circular economy of "reduction, reuse,recycling" economy development principle is highly recognition in our country, hasbecome an important means for the sustainable development of our country. Miningdevelopment ecological environmental damage caused by the particularity of theobjective requirement of the development of circular economy and the reality needs,combining mining development and recycling economy, constructing circular miningis effective way to curb mining environmental problems. Legal system is theimportant guarantee of circular mining development, in order to effective legal meansto protect the coordination of economic development and resources and environment,it is particularly important to promote the development of circular mining. Mining lawsystem as the research object, this article takes circular around the origin,development and structure of system, hierarchical analysis, it is concluded that theestablishment of the legal system of circular mining is not simply to the legal systemof circular economy and legal system of mining, the legal system of environmentalprotection of the simple fusion, but should pay attention to the development of miningand mining the particularity of environmental protection, the related legal system isoptimized, under the guidance of ecological law, according to mining developmentand environmental protection of mining logic design again. Circulation mining lawsystem is to establish incentive constraint mechanism within the mining economy,using the characteristics of circular economy to achieve the goal of environmentalprotection. Circular mining, of course, the establishment of the legal system is notabandoned on previous environmental law protection, but combined with traditionalmeans of environmental protection, play their respective advantages, for miningproduction all link do effective environmental protection supervision. The research onChinese environmental law involving a lot of perspectives, and the scope is verybroad. However, there is such a paradox in practice: while a growing number ofenvironmental theory, environmental systems and environmental law, theenvironmental issues and environmental crisis continue to occur and even enhanced.It tempt us to reflect on the causes of this paradox? Some scholars presented their ownproposals from different perspectives, but the paradox has not been eliminated.However, the proposals offer us a reflective lever——path research, and a reflectivedirection——integration for the entire Chinese environmental law research. In this paper, the text is divided into four chapters.The first chapter: the origin of the circular economy is various, it is acomprehensive solution of various social problems, is the environmental protection,economic growth, integration of the combination of social development. Because themineral resources is defined by the people and not by nature as environmental law,economic law, sociological understanding of people is different, different disciplinesdue to the different knowledge background on the definition of mineral resources isoften with their own discipline characteristic, so different disciplines for the differentemphasis of circular economy. On the environmental law, the development of circulareconomy is the purpose of the hope that through the introduction of circular economyin mining production means, make multi-level circulation use of the mineral resources,not only can achieve the purpose of protection and use of mineral resources saving,but also can solve the problem of serious mining pollution damage at present in China,for the whole of China's current environmental crisis to eliminate a tough "bones", sothis paper in the first part of the beginning of the first to introduce the types and theseriousness of the problem of mining environment, suggesting that the miningenvironment must be controlled, and the law is the best means to solve the problem ofmining environment. Next we through combing the development of the mining law inChina since the founding of new China, found out the mining law in our country atpresent the backbone of the law and the law system of form a complete set of, came tothe conclusion that our country mining law, although from scratch, has made greatprogress, but still not solve the problem of mining environment. The fundamentalreason is that our country's legal system of mining is based on the linear economybased on the view of industrial law, legal service for economic development, is thepurpose of protecting the environment just in order to better the development of theeconomy. Green mining is the latest achievements in the view of industrial law, whilein the mining environment problems to some extent, but take temporary solution noteffect a permanent cure. And circular economy is the change of traditional mode ofeconomic development, circular economy acknowledged that the environment islimited, as the economy has limits, so environmental protection should not besubservient to the economic development, but should be in the range of ecologicalenvironment can bear, achieve the coordinated development of economy andenvironment, so the development of the mining recycling economy is the effectivemeans to solve the problem of mining, so at the end of the first part, we put forwardthe development of circular mining, demonstrate the theory and the connotation of thecircular mining, and compares the traditional mining development pattern, in order toestablish the legal system of circular mining below to lay a theoretical basis.The second chapter: we are in the last chapter puts forward the concept ofcircular mining, in order to carry on the above, in this chapter we will circular mininginstitutionalized, so the beginning of this chapter firstly introduces the connotation ofthe legal system of circular mining and characteristics, as well as the necessity andurgency of constructing circular mining law system. Law is a reflection of reality, thelegal system of circular mining also should follow this principle, in order to makecirculation mining law system meet the demand of the development of mining industry, have legal effectiveness, before specific legal construction, we mustunderstand the real needs of the development of mining industry, and at present ourcountry mining law support enough to the requirement, if not, must be in what way isperfect, to establish conforms to the actual need of the legal system of circular mining,it is to achieve the purpose of this chapter. Through our investigation found that theexisting legal system of the legal system of circular mining support is not enough, andare analyzed and summarized, the cause of the lack of support for the improvement ofthe below the stage.The third chapter: this chapter is to study abroad is representative of thedeveloped countries such as America, Germany, Japan and other countries theadvanced experience of mining law system, and for China's mining system iscompared, find out the problems existing in the legal system of our country miningindustry, for our country the backwardness advantage, provide valuable experience forcirculation mining law system. Through the legal system of foreign mining researchfound that because the occurrence condition of the different national conditions andmineral resources, lead to different understanding of the circular economy abroad. Ofcircular economy development in Japan and Germany are the typical countries, butthe two countries because of the lack of mineral resources, mining, so the twocountries have no circular law is mostly aimed at mining waste processing. Miningthe rich countries, such as the United States, Canada, Australia, etc., although themineral-rich, but these countries is the circular economy as a means of environmentalprotection, and didn't rise to the level of national environmental policy, comparativedirectly. So foreign mining developed countries there is no sense in our country withlegal system of circular economy as a development model of mining, all in thischapter when compared with the foreign law, the contrast is just to promote ourcountry circulation mining has reference significance to foreign mining law system,rather than directly with foreign legal system of circular mining and mining lawsystem in our country through the contrast.The fourth chapter: in this chapter, we detailed demonstrates the essence andcharacteristics of legal system of circular mining legislation, legislation principle,adjusting range and the basic framework, and according to the strong demand ofcircular mining and mining the experience of developed countries abroad, proposedour country establishes the circular design idea of the mining act, and demonstratesthe circular in detail the necessity of the mining act and the circular law system in ourcountry the mining act of positioning, as well as the law and other laws of cohesionand cooperation. At the end of the article, we established the legal system of circularmining special system., of course, this is not to say that other systems do not need ornot important, as a kind of circular economy, circular economy of general system inthe mining recycling economy is universal, but limited to the length and level of theauthor is limited, and the result of the development of mining, the design of thesystem is not set in stone, need to adjust, so we in the thesis to the ordinary circulareconomy system is no longer here, but the "precision" of circular mining the mostdirect, most sensitive to the special system.