The Study On Compensation Mechanism Of Mining Right After Mine Closure

Since the beginning of the 21 st century,many mineral resources mining industries in China have started to suffer from overcapacity.In addition,considering the integration of mineral resources,production safety,ecological environment protection and other factors,a number of policies have been issued from the central government to the local government to cut overcapacity,and lots of mining enterprises have been closed for policy reasons.Based on the principle of protecting trust interests,the administrative organ shall compensate mining enterprises for their economic losses,and the mining right which is still in the effective period of the mining industry shall also be the enterprises' losses and the organ should make compensation for them.As for the compensation of mining right,the compensation is based on the principle of returning the price of the remaining mining right in the documents of the main mining sites of mineral resources in China.However,this compensation mechanism cannot accurately reflect the amount of the enterprise's loss,violates the basic principle of fair compensation,and is not conducive to the protection of the rights and interests of mining right holders.In this paper,first of all,the meaning and nature of the mining right are analyzed,and the basic concept,power base and basic principles of mining right compensation are analyzed in theory.And the legitimacy and rationality of the compensation for the mining rights are discussed.Furthermore,combining with the existing laws,regulations,rules,normative documents and judicial precedents,the author has analyzed practices of mining rights compensation after the mine is shut down according to the compensation body and methods of the mining right,the financing of compensation funds and the determination of the amount of compensation.Then,it is found that the existing mining right compensation mechanism still needs to be improved in the following aspects: First,existing legislation is scattered,and lack of scientificity;Secondly,the compensation subject is dissimilated in the practice.Thirdly,the source of compensation funds is not clear and the time lag of raising funds leads to the fact that the compensation of mining rights cannot be implemented after the mine is closed down.Fourthly,there are great disputes about the standard of mining right compensation and the way to determine the compensation amount after the mine is closed down.How to objectively and fairly determine the loss and determine the compensation amount is the biggest problem in the practice and even in the litigation procedure.Fifth,there are some practical problems in the relief of rights,such as incomplete relief procedure,idle procedure of rights,and difficult execution of effective judgment.In order to deal with the problems in the above,this paper puts forward the following ideas,aiming to provide some help for the improvement of mining right compensation mechanism after the closure of the mine: first,the legislation should be improved and uniform regulations should be formulated,in order to provide a legal basis for practical operation;Secondly,it is clear that the main body of mining right compensation after the closure of the mine is the administrative organ that made the decision to close down the mine,and it should be clear who are the main bodies of obligation and responsibility of mining right compensation.Thirdly,the fund source of mining right compensation should be clarified to ensure that the compensation funds are fully placed in advance and provide basic financial guarantee for mining right compensation.Fourth,determining the actual value of mining right and the amount of compensation through asset appraisal can reduce disputes,achieving fairness and justice to the greatest extent.Fifth,the relief of mining right compensation after the closure of mines should be improved,and the legitimate rights and interests of mining right owners should be protected.