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Research On The Predicament And Legal Countermeasures Of Mineral Resources Intergration In China

Posted on:2021-03-09Degree:MasterType:Thesis
Country:ChinaCandidate:H LiFull Text:PDF
GTID:2370330626961237Subject:Law and law
Abstract/Summary:PDF Full Text Request
Since 2005,China has been planning the integration of mineral resources nationwide,so as to solve the problems in mineral resources development,such as "many,small,scattered",frequent safety accidents,serious ecological damage and unreasonable structure of mineral resources development.Although the early integration has made some achievements in improving the utilization rate of resources,reducing safety accidents and protecting the environment,there is still a gap between it and the requirements of The Times.On the one hand,the progress of mineral resources integration in China is slow,which is far from the increasingly important ecological civilization construction,and the development of green mines has not yet reached the standard of ecological civilization construction.On the other hand,China's mining enterprises have low comprehensive utilization rate of mineral resources and immature modern management and technology,which makes them unable to occupy an advantage in the fierce international energy competition.Therefore,China needs to conform to The Times,improve the integration requirements,continue to promote the integration of mineral resources.To continue to promote the integration of mineral resources,we need to solve a series of problems in the integration of mineral resources in China.For example,in the integration of mineral resources,the government forces the closure of mining enterprises within the term of validity of the mining license,so as to suppress private rights with public rights.The government carries on the integration by the administrative means,causes the mining right main body property right to be infringed,causes its to have the fearful mood;The transfer of mining rights by mining enterprises in the form of contracts between Yin and Yang has caused difficulties for the judicial judgment.The contract termination right of the mining right subject is inconflict with the government's integration policy,which leads to the obstruction of the integration process.These problems hinder the further advancement of mineral resources integration and violate the original intention of the integration.Aiming at the urgent problems in the integration of mineral resources in China,this paper firstly analyzes the policy basis and characteristics of the integration of mineral resources in China,so as to better find the problems in the system design of the integration of mineral resources.Secondly,it sorts out the difficulties in the integration of mineral resources in China.Then from the legal mechanism is not perfect,the government function dislocation,the supervision vacancy three aspects to carry on the analysis,tries to find out from these three levels causes the mineral resources integration reality predicament;Finally,the paper puts forward feasible Suggestions and countermeasures from three aspects: perfecting the regulation of laws and policies,promoting the transformation of government functions,and strengthening the integration and supervision of mineral resources,so as to make the integration of mineral resources more reasonable,scientific and orderly.
Keywords/Search Tags:the Integration of Mineral Resources, Realistic Predicamment, Legal-Countermeasure
PDF Full Text Request
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