The Legal Mechanism Of Ecological Compensation For Mineral Resources Exploitation

The mineral resource is the implement of the strategy of sustainable development,providing powerful drive of economic construction and social development. However,improper exploitation results in occupation and destruction of large areas of land,environment pollution, serious damage to the ecosystem, triggering a series ofecological and environmental problems, becoming the shackles of sustainableeconomic development. How to adjust the relationship of the utilization of mineralresources and ecological protection, structuring the legal mechanism of ecologicalcompensation for mineral resource exploitation, has become a quite urgent andimportant task.In the protection of orefield ecological environment, our country has make someuseful exploration. Some provinces or cities have also settled a part of ecologicalprotection policies, and effective in some areas. But because of too many historicaldebts and the lack of legal basis, the overall effect is less than ideal. Some developedcountries have accumulated much experience in this respect. Their theoretical study,regulations and practice of the ecological compensation mechanism must be earliermore advanced than China. Consulting their good experience can be a good visualangle for structuring the legal mechanism of ecological compensation for mineralresources exploitation in our country.On the basis of mineral resources legislation and practices in our country,integrating with the problems in recovery work of orefield ecological environment,following the "ideal analysis, empirical research", this paper propose to structure thelegal mechanism of ecological compensation for mineral resource exploitation, toprotect the ecological environment and promote the sustainable developent oforefield.Aiming at the obstacle to construction of the legal mechanism of ecologicalcompensation for mineral resources exploitation in our country，specific approach asfollowed: In the respect of legislation, there needs legal system to confirm thelegitimacy of ecological compensation for mineral resources, so we should improvethe legislation of ecological compensation for mineral resources, providing the legalbasis for mechanism of ecological compensation; As the law enforcement, regulatingthe market of mineral resources exploitation need to follow the appropriate rules andprocedures, we should ascertain the executive and their responsibilities, ensuring the realization of the mechanism of ecological compensation for mineral resources; Asthe supervision, every government is has a finite rationality, maybe out of order, weshould supervise the executives, restricte their power, through both the internal andsocial supervision, make sure the realization of the mechanism of ecologicalcompensation for mineral resources.