Study On Legal Issues Of PPP Model For Mine Ecological Restoration

It is widely known that the country has been vigorously exploiting mineral resources since the founding of the new China after 1949 which greatly promoted the development of national economy of China but also brought negative effects to ecological environment of China and resulted ecological damage and environmental pollution.To implement the concept of ecological civilization in the context of the new era,the ecological restoration of mines has gradually shifted to the restoration method of "repairing while damaging".And various places have started to promote the ecological restoration of mineral resources and the construction of green mines,and have achieved partial results.However,a series of existing domestic laws and regulations involving the development of mineral resources ecological environment restoration content do not play the unified guidance and management role.Thus the mine ecological restoration is lacking legal protection which affecting its implementation effect.In the meantime,the major problem of current mine ecological restoration,shortage of funds for restoration and monotonous method,is restricting the effectiveness of mine ecological restoration implementation.General Office of the State Council issued Opinions of the General Office of the State Council on Encouraging and Supporting the Involvement of Non-governmental Capital in Ecological Protection and Remediation（“Opinion”）,included the ecological protection and restoration of mines to the key areas of ecological restoration,and encouraged social capital to participate in.PPP model will play an important role in the mine environment restoration and management after the issue of the document.The proposed "Opinion" will be of great benefit to the application of PPP model.The process of promoting the implementation of existing policies at present combined the mine ecological restoration and PPP model.Some PPP model for mine ecological restoration has achieved good social results and economic benefits.Introducing social capital investment,reducing the financial pressure of the government,calling mining enterprises and private capital to participate in mine environmental restoration governance,constructing mine restoration governance of multiple investment and financing model,are considered as the innovative way.Therefore,it is necessary to conduct legal specialization research on the PPP model of mine ecological restoration.Combining with the PPP model of government-social capital cooperation and applying the PPP model of mine ecological restoration to provide solutions to the financing problem in the restoration project is beneficial to the long-standing issue of the funding gap in mine restoration projects.According to theoretical and practical analysis,this article believes that there are shortages in the development of the current mine ecological restoration PPP model in China.First of all,the current regulations and standards on mine ecological restoration are not fully clear with limited operability.It is necessary to establish complete laws and regulations on mine ecological restoration as well as various of standard specifications.There is also a lack of meticulous classification standards for mine ecological restoration implementation and acceptance techniques.There are also some problems in the legislation of PPP projects in China,such as the lack of superior law and the complex and conflicting rules and regulations of various departments of the State Council.The mine ecological restoration PPP project was developing with a whole lack of a mature legal environment,which means social capital without legal guarantee,and becomes an important factor hindering the development of the project.Moreover,in terms of the core terms of the PPP agreement on mine ecological restoration,the agreement on the core terms such as the rights and obligations of both parties of the PPP project is not clear and lack of standardization,which is not conducive to the implementation of the project and easy to cause disputes,as the lack of professional and legal knowledge of mine ecological restoration and PPP.Secondly,in terms of regulatory rules,the allocation of regulatory power of domestic PPP projects is unreasonable,and the authorities of policy-making departments and PPP decision-making departments overlap;Discrimination in access to social capital and the enthusiasm combating of private capital;The disclosure of environment and information is not general,existing the problems such as trampling on the right of public supervision.Finally,there is a lack of risk control system for the project,and the dispute resolution mechanism is not complete,which hinders the dispute resolution.Hence,it is necessary to put forward suggestions for improvement from the legal perspective.First,planning of mine ecological restoration and government and social capital models from the legislative perspective scientifically.Keeping the implementation of relevant regulations and standards to guide the work,improving mine ecological restoration,PPP model laws and regulations and standard norms to avoid the practical operational problems and legal loopholes that currently exist;Further standardize the PPP agreement on mine ecological restoration,clarify the rights and obligations of both parties and other core terms,and ensure the implementation of the project.Secondly,clarify the authority of administrative examination and approval,establish special supervision departments,improve the efficiency of administrative examination and approval,strengthen the government’s responsibility for performance,optimize the access procedures of social capital,and improve the public’s right of supervision.Thirdly,establish an effective risk control system,establish a diversified dispute resolution mechanism combining litigation and non litigation methods,help social capital reduce risks,smooth the dispute resolution mechanism,improve the enthusiasm of participating in the project,and promote the long-term cooperative relationship between the government and social capital of the mine ecological restoration PPP project and the smooth operation of the project.