A Study On Legal Responsibility Of Ecological Restoration In Mining Area

The implementation of legal responsibility for ecological restoration in mining areas can effectively restore the function and value of ecological environment in mining areas,safeguard the legitimate rights and interests of the public in mining areas,and promote the coordinated development of economy and ecological protection.This paper discusses the legal responsibility of ecological restoration in mining areas from the perspective of law,and tries to find out the existing problems by analyzing and studying it.Therefore,the corresponding suggestions are put forward to promote the implementation of legal responsibility for ecological restoration in mining areas in China.Firstly,the theoretical content is discussed,including the concept and nature of legal liability for ecological restoration in mining areas,and the basic principles related to ecological restoration in mining areas are listed,so that the existence of legal liability for ecological restoration in mining areas can be supported by theory and reality.At the same time,the constitutive requirements of legal liability for ecological restoration in mining areas are analyzed,The identification of illegality is an important part of this part.Secondly,the development status of legal liability for ecological restoration in mining areas in China is investigated,and the laws,regulations and policy documents which are frequently applied in practice are sorted out.At the same time,the practical work of ecological restoration in mining areas in China and local provinces was investigated.In practice,Green mine construction policy and restorative justice concept have played a good guiding role.Once again,starting from the current laws and regulations of our country,this paper analyzes the four aspects of legal content,responsibility subject,responsibility identification and responsibility supervision,and finds that there are many problems.For example,some contents in laws and regulations are not clear,the scope of responsible subjects is narrow and the interaction is insufficient,it is difficult to identify responsibilities and the supervision mechanism is not perfect.Finally,in order to improve the legal responsibility of ecological restoration in mining areas in China,some suggestions are put forward,starting with laws and regulations.First,it is necessary to clarify the content of the forms of responsibility in the legal provisions,such as restitution,environmental restoration and so on.Secondly,by expanding the scope of the subject,avoid the situation of evading responsibility.Thirdly,we should establish a unified standard of responsibility determination to ensure that the accountability is in place.Finally,we should strengthen the supervision of ecological restoration in mining areas to ensure the implementation of legal responsibility for ecological restoration in mining areas.