| The legal system of ecological compensation for mineral resources development is a legal system that promotes ecological compensation for mineral resources development by comprehensively using legal and economic means and market means as the goal of sustainable development,adjusting the relationship among stakeholders and promoting the development of mineral resources.It can be divided into narrow sense and broad sense.In the narrow sense,it means that the state compensates and rehabilitates those who are directly damaged by mineral resources exploitation for the ecological environmental damage caused by mineral resources exploitation.Compensation includes direct economic loss of mining residents and ecological restoration cost of mining areas.In a broad sense,the ecological compensation for mineral resources exploitation also includes the loss of development opportunities due to mineral resources exploitation,as well as the compensation for residents in the mining area in terms of capital,technology,material objects and policies.Its main contents include the purpose of compensation,the subject of compensation,the object of compensation,the scope of compensation,the mode of compensation,the standard of compensation,the guarantee mode of compensation and the way of compensation relief.China has carried out pilot work on ecological compensation for mineral resources exploitation in Hunan,Jiangsu and other places,and achieved certain results.But for mineral resources development ecological compensation is not directly related laws and regulations and the provisions of the regulations in recent years,China promulgated a series of legal documents,however,no special provision for mineral resources development ecological compensation,the department of natural resources will clear revision of the "mineral resources law" in 2019 work plan,and,The resolution of mine environmental protection has been explicitly included in the scope of the revision of the Mineral Resources Law,but it has not been implemented and implemented yet.Mineral resources as non-renewable resources,with the development of mining activities of enterprises,the storage of mineral resources is constantly reduced,so it is necessary to carry out the corresponding ecological compensation work in mineral resources areas.At present,there are many problems about ecological compensation for mineral resources development,which are mainly manifested in the following aspects: the purpose of compensation is missing,the subject of compensation is not determined,the object of compensation is not comprehensive,the scope of compensation is narrow,the mode of compensation is simple,the standard of compensation is vague,the guarantee mode of compensation lags behind,and the way of compensation relief is not clear.To solve the problems in mineral resources development ecological compensation legal system in China,need to perfect our country mineral resources development ecological compensation legal system,and modify the "mineral resources",defined the content of the mineral resources development ecological compensation,at the same time,the mineral resources development ecological compensation ordinance promulgated,clear purpose of compensation,compensation subject,at the same time,the compensation object,It mainly manifests itself value of mineral resources and ecological value.Determining the compensation mode.First,the compensation mode for the residents is mainly the compensation mode for the residents' life.Secondly,the compensation method of mineral resource value is divided into two parts: self value and ecological value.Compensation fund is mainly guaranteed by margin system and the application of irrevocable letter of credit.Finally,the relief means include the citizens of the mining area to the enterprise and the government of the two different bodies of the relief approach. |
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