Study On Legal Issues Of Mining And Utilization And Protection Of River Gravel Resources In China

River gravel resources are people's livelihood resources,as well as the basic and ecological resources which closely related to human life and national important projects construction.With the development of the concept of ecological civilization construction in China,the ecological function of river gravel resources has been paid more and more attention.However,for many years,the exploitation of river gravel resources has presented chaos with multiparty management,unbalanced market supply-demand structure,and ecological environment damaged seriously.These problems not only endangered the ecological environment of the river seriously,but also affected the safety of human production and life.This paper summarize the legal system and policy documents of river gravel resources' management in the past 10 years,and summarize the legal problems in the process of mining and utilization of river gravel resources that combination with the existing management measures.Based on foreign advanced practices,learn and then make targeted suggestions for completing relevant laws and regulations,with a hope to help the mining and management of river gravel resources.This paper is divided into five parts.In the first part,the author introduces the practical background and significance of studying the legal issues of river gravel resources mining and utilization,demonstrates the ecological value and resource value of river gravel resources,and then expounds the current status,existing problems and solutions of river gravel resources mining and utilization of several foreign countries and China.In the second part,the author analyzes the legal and theoretical basis of the mining and utilization of river gravel resources in China,and then summarize the current legal system which combination with the circular economy theory and ecological compensation theory.In the third part,the author summarizes the current status and existing problems of the mining and management of river gravel resources in China,such as the unclear multiparty management rights and cross responsibilities,the unbalanced supply-demand market structure,and the serious ecological damage caused by weak law enforcement.Combined with management issues,problems such as lack of legislative structure,conflicts of laws,and difficulties in enforcement are found in the process of law enforcement.And then analyze the legal causes of the above issues.In the fourth part,the author summarizes the status law and legislation of foreign river gravel resources mining and utilization,and finds lessons for reference that based on the actual management.In the fifth part,based on the above discussion and the problems existing in the legal system of river gravel resources management in China,the author makes suggestions for completing the law: First,ensure the supply of resources and optimize the mining layout and structure by complete the legislation.Second,force the administrative agencies to promote coordination and cooperation between each other to ensure the safe of river ecological functions.Third,with the hope that help to achieve the goal of balance economic and ecological benefits in the process of mining and utilization resource by strengthen the punishment of law enforcement and regulate illegal.