The Perfection Of The Mineral Resources Law

Although the Mineral Resources Law,which was born in the period of planned economy,has been amended twice,it gradually shows obvious hysteresis and limitation with the development of social economy The main problems include: the State ownership of Mineral Resources Is Empty;Regulations on the acquisition and transfer of mining rights are not perfect Mainly reflected in the transferee's qualifications are unclear,the circulation of mining rights is more restricted and the rights and interests of mining rights are not protected;It is mainly reflected in the lack of resident's rights and interests in mining areas,the lack of incentive mechanism for mineral resources exploration,the lack of regulations for Mine Environment Management and restoration,and the confusion of supervision and management of mineral resources.The Mineral Resources Law needs to keep pace with the times,the experience of the pilot practice of deepening the construction of law-based governance and ecological civilization,the reform of administrative system,and the system of mining right transfer provides the feasibility for revising the mineral resources law again.Based on the actual situation of our country and absorbing the advanced experience of foreign countries,the direction of perfection of the mineral resources law should be to clarify the subject of state ownership of mineral resources and realize the separation of ownership of mineral resources from administrative supervision;The regulations of acquisition and transfer of mining rights should be improved from the aspects of clarifying the qualifications of transferees,reshaping the transfer system of mining rights and strengthening the protection of rights and interests of mining rights holders To adjust the distribution of mineral resources income from the perspective of the rights and interests of residents in mining areas and the incentives for mineral resources exploration,and to stipulate in a special chapter the restoration and control of the ecological environment of mines,taking green development and sustainable development as principles,to establish a fund system for the rehabilitation of the mine environment,and to specify the responsibilities related to the rehabilitation of the mine environment;to clarify the departments responsible for supervision,improve the content of supervision,strengthen the construction of supervision staff and innovate the means of supervision,suggestions on constructing perfect supervision system of mineral resources.