Study On Mineral Resources Ecological Compensation Legal System

Mineral resources are important material basis to human beings' survival and development, However, driven by the economic interests, People have made many unreasonable mistakes on exploitation and use of mineral resource that cause considerable disruption to the eco-system, triggering a round of ecological environment problem, meanwhile raise serious social problems, and has become the significant element restricting the economic and social development. Against such a background, this paper puts forward that the ecological compensation legal system should be established and improved.The first part is on the meaning of ecological compensation, which reached the concept of mineral resources ecological compensation system. Then the essay introduces and comments the theoretical basis of the system vide supra, which include Value Theory of mineral resources, depletion theory of mineral resources,the theory of externalities and theory of Capacity of Sustained Development.In the second part of the article, the author focus on the legislation and practice of mineral resources ecological compensation system of the United States, Germany, Australia, Canada, points out the developed countries have accumulated a lot of successful practices and experience after many years of progress.The third part combs the current legislation situation thoroughly, and makes a thorough inquiry into the problems of mineral resources ecological compensation system in China, thinking that the most prominent problems at present are as follow: the legal system is insalutary, the range of the ecological compensation is on a small scale, the mechanism of ecological compensation has inherent vice, hasn't clearly define each one's duties between the mining ecological administration section, etc.In the fourth part the author claims that we should transplant the advanced experience of other countries in legislation. then gives several suggestions on the perfecting of mineral resources ecological compensation system. The First Step We should do is to improve the current legislation, further clearly details the core contents of the system, so as to increases the operability and practical application effect of the system. In addition, this part also proposed mineral resource development of ecological compensation legislation supporting system, to strengthen supervision and management of the mining, to establish public oversight mechanism.