Research On The Legal Mechanism Of Ecological Compensation For Mineral Resources Exploitation

With the rapid development of industrialization and urbanization in China,mineral resources,as the basic driving force of economic development,continue to increase market demand.Therefore,the development of mineral resources has become an important pillar of economic growth in some places.Driven by high economic benefits,some mineral resource development enterprises exploit mineral resources excessively and illegally,which not only pollutes the environment and destroys the ecology,but also causes a series of social problems.In August 2007,the State Environmental Protection Administration issued the guiding opinions on the pilot work of ecological compensation,which explicitly required for the first time to promote the establishment of a long-term mechanism of ecological compensation for mineral resources development.After that,the environmental protection law of 2014 further defined ecological compensation as one of the main systems of environmental resources protection in China,thus forming a basic framework for ecological compensation work,but the specific rules for implementing ecological compensation for various environmental factors in practice are still to be explored.Under the background of the Party Central Committee's active practice of ecological civilization and green development concept,the basic theory and improvement path of the legal mechanism of ecological compensation for mineral resources need further systematic analysis and complete construction.Based on the practice of the ecological compensation legal system for the development of mineral resources in Shaanxi Province,this paper defines the relevant concepts of ecological compensation for the development of mineral resources,and then combs the laws and regulations of ecological compensation for the development of mineral resources in Shaanxi Province,and analyzes the mineral resources in Shaanxi Province from the aspects of compensation subject,compensation scope,compensation standard and compensation method The current situation and problems of ecological compensation for resource development.The obstacles in operation are as follows: the main body of ecological compensation for mineral resources development is unknown,the scope of compensation is limited,the compensation standard is uncertain,the way is single,the supervision system is unclear and the guarantee system is not perfect,which seriously hinders the effectiveness of ecological compensation mechanism for mineral resources development.Based on the theory of consistency of rights and obligations,the theory of externality,and the theory of compensation for environmental damage,this paper puts forward suggestions for improving the legal mechanism of ecological compensation for mineral resources development in China.It is believed that the government and enterprises should be the main body of ecological compensation,the residents of the mining area with limited development right and the enterprises and individuals who make contributions to the protection of the ecological environment of the mining area should be the main body of compensation;in terms of the standards of ecological compensation for the development of mineral resources,the recovery cost method can be adopted,with the direct cost of environmental protection and the lost development opportunity cost as the accounting basis;in the mechanism of ecological compensation funds In order to ensure the smooth operation of the ecological compensation mechanism of mineral resources development in China,we should strengthen the internal restriction and public supervision of the ecological compensation of mineral resources development.