On Improvement Of Legal Protection Of Mineral Resource In The Middle Part Of China During The Transitional Period

Mineral resources are the key components of the natural resources and the main support of industrial civilized society. Carrying on the effective use and the protection of mineral resources are very essential in the industrial civilized society. In this intermediate stage of china's industrialization, our country's demand for mineral resources is very huge. Although the total quantity of mineral resources in our country continues to be superiority, the average amount per capita is insufficiency due to the large population. Therefore, ensuring sustainable mineral resources development and use through legal means is necessary. At the same time, our country is faced with large- area social reforms, from the economic system and political system to cultural value orientation. This is causing great changes, from the eastern development to the western development, from the former promotion of the Northeastern Industrial base to the rising of middle China. The coordinated development of this region has become the important problem in present social development, so I proposed that we should focus on the middle China's mineral resources legal protection in the transformational periodThe middle area includes Hunan, Hubei, Anhui, Jiangxi, Henan and Shanxi provinces. These six provinces are like a bridge connecting the west and the east. The bountiful mineral resource reserves in the middle area will enhance national economic development and social progress. But because of social transformation and the unbalanced factors in area development, the middle area needs to face conflicts among economic development, resource exploitation and environmental protection. The system's bottleneck restriction exists in economic development, mineral resources development and environmental protection. Needed is to complete related laws, administrative rules and regulations, local laws and regulations, the departmental rules and regulations and the local rules and regulations in mineral resource protection.Therefore, in order to clarify the middle geographical scope and the transitional period's historical meaning, I used the method of application theory to reality, the dialectical analysis, the historical inspection and comparative analysis to point out the contradiction between the relatively rich resource reserves and the relative backward legal method in the middle area. Consulting the literature on advanced experiences in mineral resource legal protection in the United States, India and Russia, I analyze a insufficiency of mineral resource legal protection in aspects of law, administrative rules and regulations, local laws and regulations, department rules and regulations and local rules and regulations then put forward better proposals.The suggestions are proposed from three aspects: First, improvement of the legislation ideas of the environmental protection laws, including the harmoniously co-existence of humans with nature, sustainable development, from solely economic development to the comprehensive coordinated development of the economy and the environment. Second, improving the content of the mineral resource legal protection, including a mineral resource legal protection system, a mineral resource property rights system, mining rights system, mineral resource management system and other related systems. Finally, the technical improvements, including positive use of new technologies in mineral resources development, initiate Cleaner Production in mineral resource exploitation, develop the Circulation Economy, develop the ecological compensation, establish the Eco-industrial Parks in mineral resource development areas, integrate the green GDP calculation system in mineral resource development. Through the above suggestions, numerous means are integrated into laws for mineral resource protection, namely the basic system will be integrated into the fundamental law, the concrete system will be integrated into the specific law, and the mating system will be integrated into the local rules. With these suggestions, we could do better to exploit mineral resources, protect the environment, promote economic development, improve the legal system, and achieve the harmonious society.