Study On Rare Earth Resources Protection Legal Issues In Our Country

It is well known that the rare earth resources is known as "industrial vitamin", holds an important strategic position in industrial applications. Due to belong to the non-renewable resources, alternative application effect not beautiful, rare earths appear more precious.China's rare earth resources are not only rich in reserves, but also a variety of complete,known as "Rare Earth Kingdom" of the world. But the rare earth resources in our country have not been paid attention to by its strategic value. In the development and utilization,some small enterprises because of weak technical force, the government planning and supervision is not in place, the abuse of the phenomenon is serious, the resources use efficiency is low and the environment destruction is serious; In foreign trade, China's rare earth resources export order disorder smuggling seriously, export product mix imbalance, a large number of low-cost resources. In the face of the problems in the development and utilization of rare earth resources, we must adjust according to the legal means. Currently under the guidance of the fundamental principles of the constitution, to the "mineral resources law" as the fundamental basis, China in the protection of rare earth resources gradually formed a few and rare earth protection relating to or for the protection of rare earth special regulations, departmental rules and local regulations, but still exist in the rare earth resources high potency level vacancy, administrative regulations, departmental rules messy, local legislation is not perfect, uncoordinated national laws and free trade mechanism etc. problem to be solved. Externality theory, exhaustion theory of mineral resources, Resource Curse Theory and other basic theory, which provides theoretical basis for the improvement of the protection of rare earth resources in our country. As one of the most important strategic resources, world powers have taken various measures of reserves of rare earth resources, prevent the outflow, especially the United States, Japan, Germany,in the protection of rare earth resources system is characteristic, it is worth learning from.We should through the macroscopic and microcosmic thinking on problems existing in China's rare earth resources protection, draw lessons from foreign successful management model, legal system, from the improvement of the legislative system of rare earth resources,strengthen the legal regulation of rare earth market, sound development of rare earth resources in related legal system of environmental protection of the three aspects of focus,in combination with the foundation of China's rare earth resources protection practice, toexplore a development path to adapt to the development needs of the times and the protection of rare earth resources.