Research On Ecological Compensation Legal System Of Mineral Resources

Mineral resources are the foundation for human survival and development,but, with the rapid development of China’s exploitation of mineralresources, as well as the irrational exploitation and utilization, as a result,there is a serious waste of resources and environmental pollution in theprocess of exploitation of mineral resources, meanwhile leads to serioussocial problems, leading to mine economic development backward theserious mine people back into poverty. And it is becoming an importantfactor restricting China’s economic and social development. Ecologicalcompensation system of mineral resource is one of the ways to solve theproblems. China’s economic, social and environmental sustainability can beachieved through the implementation of ecological compensation.The first part of this paper, the connotation of the mineral resources ofecological compensation are analyzed theoretically, the concept of the legalsystem of mineral resources, ecological compensation, that means themining enterprises in the process of exploitation of mineral resources,ecological environment around the mine pollution, natural resourcesdamage and other environmental issues as well as various social problemscaused by financial subsidies, tax breaks, financial support, the kindtechnical aid measures to compensate for the series of activities in general.Also, I specially explain the theoretical basis of the mineral resources, ecological compensation, including mineral resources rent theory, depletiontheory and the theory of externalities.The second part, I focus on the mineral resources of the United States,Germany, Australia, Canada, the four developed countries legislation andpractice of ecological compensation system. I give an analysis of foreignmineral resources, ecological compensation legal system, and the systemreference to China.The third part, it is an introduction of our mineral resources tax and feesystem, ecological compensation system and environment restoration fundsystem, and analyzes the existing problems, points out that China’s currentmineral resources, ecological compensation subject and the standards arenot clear enough. Environmental restoration governance deposit systemonly tried in the provinces, a common practice is not carried in the country,compensation funding sources is single, also, a lack of mineral resourcessupporting ecological compensation system.The last part, the paper proposes ideas to improve the ecologicalcompensation system of mineral resources in China. First, we should defineprecisely the main mineral resources compensation of ecologicalcompensation, including national, ecological environment beneficiaries andintermediate compensation mechanism, reasonably determine thecompensation standards; Second, we should improve mine environmentalrestoration margin system to augment the existing mineral resources, ecological compensation financial transfer payment system and thedevelopment of resource-based cities of industry, tourism way to broadenthe financing channels of the compensation funds. Through theimprovement of the system of mineral resources taxes, mineral resources,give ecological compensation enough financial support; Finally, we shouldimprove the supporting systems of mineral resources of ecologicalcompensation, protect public participation, and establish mineral resourcesecological compensation implementation of the evaluation system andecological compensation incentives.