A Study To The Rule Of Law Of Coal Resources In Shanxi

Coal resource is an important primary energy in China; it has been taking the irreplaceable role in the planned economy era after the founding of our country as well as in the market economy context after the reform and opening of our country. On the one hand it is at the core position in the entire energy system, and forms China's energy system with other energy together; on the other hand it is also crucial in the process of rapid development of China's national economy.In this case, it has become a concerned legal focus that how to use legal means, in particular the environmental resource protection laws to regulate the coal industry's production, to make sure a rational exploitation of coal resources so as to promote the scientific development of coal resources and to strengthen the protection of the legal profession. Moreover, it is closely related to the construction of the legalized market economy. It can be seen that it is necessary and urgent to speed up the legalized construction process of coal resources in the socialist market economy. Thereby, the author of the thesis chose to complete the research. This thesis has sis parts, it combined the law enforcement and the integration of coal resources in Shanxi, as for the problems in the integration process, this thesis modestly offers several corresponding proposals.The first part describes the significance and social background of the integration of coal resources, the most representative regulation in the revision of the law in the process of coal is that the access system of the coal industry was clearly put forwarded, it is a milestone in the long run in the development of the system. The access system of the coal industry improves the standards of entering into the coal industry, achieves the legalized development of coal industry and is conformed to the basic requirements of developing the socialist market economy.The second part analyzes the legalized integration of coal resources in China in detailed information, including two aspects, first, this part introduces the integration of the historical development of coal resources; second, this part analyzes the current situation of the legalized coal integration. In this process, with the leadership of the government, efforts are strengthening, progress continues to increase, tasks progress steadily, and preliminary results show. Meanwhile, degree of legalized development in resource integration is imbalanced, it is slow in several local areas, affecting the overall progress, therefore, the legal awareness should be further improved, effective measures should be taken so as to expedite the integration process.The third part explores the relationship between environmental resources law and laws of coal resources integration. Coal and environmental issues are closely linked and inseparable, in Chinese legal system, the Coal Law and Environmental Protection Law are two separate sector laws, which means that the development and utilization of coal resources must be based on existing laws, and the two laws should be organically combined to promote the legalized development of integration of coal resources in Shanxi.The fourth section describes the overview of the legalized construction of coal resources integration in Shanxi and its problems. The main problems include five aspects: first, the existing risks of coal resource exploration; second, uncertain risks accidents in Shanxi coal remain; third, problems of coal industry; fourth, the environmental pollution problems caused by coal industry to; fifth, the inadequate governmental administrative supervision and legal support.The fifth part studies foreign coal resources management and environmental protection, including, America, South Africa, Russia, India and Australia, etc. This part summarizes those countries'experiences and their help to China. Firstly, foreign countries focused on management of coal mining property rights and supervision of safe production; secondly, the compensation for acquiring property rights system was widely used in foreign coal mining industry, and the management of coal resources were achieved through legal means; thirdly, the establishment of the sustainable development of coal resources payment system; fourthly, a science-based environmental monitoring system was established, focusing on the ecological environment protection.The sixth part offers several proposals to improve the legalized construction of coal resources integration in Shanxi for the purpose of promoting development of coal industry in Shanxi and in China. These proposals include, increase capital investment, improve the technological level; strengthen environmental protection; promote the integration of coal resources in Shanxi systematic development; deepen the legalized reform of coal enterprises and realize the group of coal companies.In short, this thesis is intended to actively explore and improve coal resources in Shanxi Province adhering to the correct premise; the focus of the thesis is exploring the current coal law enforcement situation, problems and causes from the angle of administrative enforcement in coal industry, meanwhile, this thesis puts forward several corresponding solutions to these problems.