The Studies On Legal Problems Of Rear Earth Exploit And Trade Of China

Rare earth resources in our country is the absolute advantage resources, it is the“monosodium glutamate” in modern industrial,but also the necessary resources ofhigh-technology and the national defense technology in future society. The exploit of rareearth resources in our country is very important to our country’s economy, but it is not wiseto unlimited mining the rare earth because it is strategic resources, in the same time, ourcountry has not paid more attentions of the rare earth resources exploitation and transaction inthe decades, so it caused lots of problems. I make our country’s rare earth resourcesexploitation and trading legal problems as the paper’s breakthrough point，based on thechange of the policy of rare earth resources and the change of rare earth resources’ price inChina in recent years, used the system method and comparison method to analysis thecomplexity of the problems and the difficulty to solve environmental and resources protectionand existing legal theory research and system lagging of the rare earth resources exploitationand trading laws,trying to find a sustainable rare earth resources development path,and buildup certain effect to our country legal protection system of rare earth resources.On the basic of the distribution and development of rare earth resources, the thesisdiscusses the main problems of rare earth resources in our country at present. After usedeductive and inductive method discussing the relevant laws and regulations, this papermainly analyzes the rare earth resources protection contributions and limitations of ourcountry’s existing environment and resources protection law system, and try to find out theproblems which need to be improved and the source of for its emergence. Discusses the legaleffects of the abroad advanced rare earth resources protection experience to the legal systemof China’s rare earth resources protection. On the above basis, the authors draw theconclusion: in order to make a best point between China’s rare earth resources mining exportsand legal protection, we must start from the root of the existing laws and regulations, and onthe basis of closely combining the characteristics of rare earth resources in China, foreignmature legal system, build up China’s national conditions of rare earth resources protectionlegal system. The system should be that on management make our government as the leading factor,to publish the relevant policies, and to promote the upgrading of the industrial structureoptimization, carry out the large enterprise groups strategy, and gradually achieve thedomestic restructuring “Opec” of the rare earth industry in China; Strictly implement newenvironment on the introduction of the rare earth enterprise national standards andnon-scheduled environment management and renovating the selective examination, if notconform to the standards of rare earth enterprise they shall be severely punished; In the export,refining of rare earth elements in our country export quotas classification, the reform of theexisting quota system, strengthen the rare earth resources tax, crack down on rare earthsmuggling, strictly abide by the customs door; In the domestic legal system, introduced assoon as possible the "special mineral resources strategic reserve system", establish relevantstrategic resources reserve system, perfect the law system, in order to deal with the westerndeveloped countries to our country legal proceedings for rare earth resources; Finally, afterthe integration of domestic rare earth industry, considering setting up rare earth resourceexporters organization, for our country rare earth resources’ benefit maximization and get theright of rear earth pricing to pave the way.