An Initial Study On Mineral Resources Reserve Legislation In China

Mineral resources reserve is of vital importance to the nation's resources security and national defense benefit, so it is a new trend in developed countries to establish a mineral resources legal system which can meet the nation's current needs. As a leading developing country, it is imperative to form our own appropriate mineral resources reserve system in China, which contributes to the construction of socialist modernization and comprehensive higher grade comfortable society. Therefore, how about is the legal mechanism of mineral resources reserve and how to establish the corresponding law? This is a brand new and urgent problem to study in the field of law. In order to expound the problem, the author divides the main body of the paper into three chapters.The general theory of mineral resources reserve legislation will be discussed in the first chapter. Considering the actual situation in China, the author emphatically elaborates the following issues, the relation between mineral resources reserve and national resources security, the humanity basis and current legal basis for the mineral resources reserve legislation, the aim value of mineral resources reserve legislation. Besides, the author also discusses such theoretical issues as, the relation between the mineral resources legislation and policy, the basic principles of mineral resources reserve legislation.The development and experience of mineral resources reserve legislation in overseas will be discussed in the second chapter. Nowadays, making mineral resources reserve legislation is a principal measure for enforcing resources reserve system in the world, and is also a significant safeguard for resources reserve strategy in a nation. Since the 20th, there has experienced three tides of mineral resources legislation in the global scale. Up till now, there have formed three typical patterns of mineral resources reserve legislation abroad, among which, it is comparative complete and perfect in U.S.A and Japan's mineral resources reserve legislation.In the third chapter, the author makes an integrated proposition for the design of mineral resources reserve legislation in China. In view of the situation that there is no resources reserve system and indifferent consciousness of reserve in our society, the author expounds the necessity and feasibility of mineral resources reserve in China. Finally, drawing on the experience of success abroad, the author makes some suggestions and propositions from six aspects as how to establish mineral resources reserve legal system in China, namely, the reserve subject, the reserve types, the reserve pattern, the source of fund, the administration model, and the activation of reserve.