| Mineral resources have become more and more important in the development of human society today.They are a basic material for the development of the national economy and an important strategic material for strengthening national defense construction.Moreover,the level of development and utilization of mineral resources and the ability to protect largely reflect the comprehensive strength of a country.However,due to the shortcomings of China’s long-term protection system,it has led to mining waste,damage to local ecology,and affecting residents’ lives.This is not in line with the development requirements put forward by the state,and is not conducive to the safety and property safety of our people.Therefore,the mineral resources protection system must be improved.This paper discusses the development status of China’s mineral resources and several legal defects,and proposes corresponding countermeasures.In addition to the introduction,the paper is divided into four parts.The first part introduces the legislation on mineral resources protection,and clarifies the concept of mineral resources.In pointing out its non-renewable characteristics,the development of our society is inseparable from its use.The reserves of mineral resources are limited,the total amount is rich but the distribution is uneven.A series of problems have arisen in the exploitation of mineral resources.Some private enterprises pursue the benefits,resulting in low levels of development and utilization of mineral resources,and also cause serious damage to the surrounding environment.Impact.The second part is the status quo and main defects of China’s mineral resources protection legislation.First,it introduces the provisions of the Constitution and administrative regulations on the protection of mineral resources.The current Mineral Resources Law arises from the planned economy and the transition of the market economy and is inevitably affected by economic plans.Nowadays,with the rapid development of human society,the legislative background is not the same.In addition,since the implementation of the Mineral Resources Law,there have been many difficult problems.The existing problems are as follows:(1)Thelegislation of the Mineral Resources Law The positioning needs to be adjusted adaptively.There are two design issues of national control and encouragement of market allocation.(2)The current tax and fee system cannot achieve the goal of effective use of mineral resources.(3)Mine environmental protection and ecological environmental protection are unreasonable.(4)Legal liability is not perfect,and administrative punishment is often used when illegal activities occur.The third part is to analyze the provisions of the three countries on the protection of mineral resources in the United States,Canada and Australia,and summarize the usefulness of the three countries on mineral resources protection legislation,drawing on the more advanced legislative concepts and some specific protections of these countries.The law enforcement system,from which to find successful experiences,draws useful points,is conducive to the development of China’s mineral resources protection.The fourth part is based on the current problems of China’s mineral resources protection legislation.Several suggestions are made: First,the basic principles of mineral resources protection legislation: environmental protection priority principle,mineral area development principles.The second is to improve the specific legislative measures for mineral resources in China,strictly enforce the rules of mining rights management,strengthen the mineral resources planning system,change the tax and fee system with development,and improve the civil,criminal and administrative relief systems. |
