Study On The System Erbuilding Of Mineral Resources Comprehensive Utilization

Mineral resource is one kind of important natural resources, and is the mankind rely important source of production and the means of subsistence, and is also the important support of state economic construction. Generally speaking, that the rich level of a national mineral resources and the degree of exploitation and utilization can reflect the economic actual strength of a nation, and even decide the strategy position of the country. But mineral resource is more and more limited for development support with the rapid development of science and technology and the sharply weaking of the environment resources. Though China is the big country of possessing mineral resources, per capita owning capacity is few, at present, lacking of mineral resources has seriously restricted the development of Chinese economy. Therefore practising thrift and high efficiency utilization resources and protection ecology environment is an present time and long-range important assignment in China. On the third meeting National People's Congress on March 5th, 2005 tenth session, State Council premier Wen Jiabao clearly and definitely puts forward in " government work report ": strengthen the mineral resources exploitation and management, persist in setting up the practicable science view of development, and stress on the conservations and reasonably uses of energy resources, and develop circulation economy energetically, and quicken pushing on resources comprehensive utilization and the circulation utilization from the resources exploitation, consumption, castoff utilization and society consumption etc. Mineral resources comprehensive utilization will play a importment role in the effectively utilization and reasonably protection mineral resources, and have important signification for promotion the change of our country economy increase method from"extensive"to"intensivism", and for realization the resources optimized disposes and economy sustained development.The exploitation and utilization of mineral resources involving not only the consumption of resources, but also the pollution of environment. With the economical development, mineral resources will reduce increasingly and the environmental protection demand will increase continuously, the protection and comprehensive utilization of mineral resources are more and more important with each passing day. Scholars of many subjects, such as natural science, management, economics and law, have paid more attention to this, among them, science and management experts lay stress on policy, economy and technology, but jurisconsults stress on the authority study of mineral resources, and thoroughly inquiring into the comprehensive utilization of mineral resources from the environment law is a very new viewpoint. From the view of environment law, by way of consulting documents, field surveying and learning from the managers of mine, the author use contrast analysis, demonstration analysis and logical analysis methods to research the system of mineral resources comprehensive utilization synthetically baseded on the anxiety of our country mineral resources condition, the introspection of present situation to the mineral resources development, the hoping for the efficacy of environment law application in the mineral resources development.This thesis include four parts: the first part is the present situation studying of mineral resources comprehensive utilization legislation and the principle. The author starts the anatomy of present legislation and policy from the concepts and functions of mineral resources comprehensive utilization system, it can be said that the mineral resources comprehensive utilization is neither a principle, nor a kind of policy, it is a law system, but the orientation of Chinese mineral resources comprehensive utilization system is blurry, the legislation is not clear, and present legislation is the regulation of principle and policy mostly, the legislation effectiveness is lower, the necessary compulsion is lack, and the maneuverability is not better. In the second part, applications and analyses of mineral resources comprehensive utilization system, the application status of mineral resources comprehensive utilization system has been analysed, it is pointed out that the main reasons, which cause the system can not give effectiveness play, are the resources conservation consciousness is not strong, the organization system of management is not in order, the right duty is not reciprocity and the tax fee burden is illogicality. The imagining of mineral resources comprehensive utilization system rebuilding is put forward by studying and analysing the mineral resources comprehensive utilization system, after studying in the third part, it is pointed out that the system rebuilding must base on the environment equity theory, exterior diseconomy theory and the law value theory, and must follow the basic principles of equity, excellent utilization, national appropriate measuring and harmonious development. Finally, based on the legislation and the rebuilding ideal of mineral resources comprehensive utilization system, it is pointed out that the mineral resources comprehensive utilization system should be rebuilded in accordance with the view of scientific development, the resources management system should be strengthened, the operating system of mineral resources comprehensive utilization should be perfected. The studying opinions are published in allusion to the purpose, scope of application and major contents of mineral resource comprehensive utilization system. In a word, authoritative and forcing nature of the system can be showed by the better maneuverability and the canonical mineral resource comprehensive utilization system, thus the pressure of mineral resource shortage can be decreased by system implementation, and provide resources guarantees for Chinese economical sustained development and construct the harmonious society.