Study On The Withdrawal Mechanism Of Mining Rights In Nature Reserves

The withdrawal mechanism of mining rights in nature reserves is an important measure for ecological environment construction in the new period.China is paying more and more attention to the development of ecological civilization.With the reconstruction of nature reserves system,the number of various types of nature reserves has increased significantly.The "Mineral Resources Law","Regulations on Nature Reserves" and other laws and regulations clearly stipulate that the exploration of mineral resources in the protected area is prohibited.Existing mining rights will gradually be withdrawn within a time limit,but there are still some mineral resources exploration and mining activities located in nature reserves.By sorting out the implementation background of the withdrawal of mining rights in nature reserves,analyzing the main content of the withdrawal mechanism of mining rights in practice,clarifying the property rights of mining rights,and the nature of compensation for withdrawal of mining rights,it can be known that the current implementation of mining rights withdrawal mechanisms faces Issues such as unclear overlaps,imperfect classification methods,standards,and stepped exit mechanisms,incomplete exit compensation mechanisms,and failure to fulfill ecological restoration obligations.Aiming at the existing problems,drawing on the beneficial experience outside the region,and combining with the actual situation,to find out the base number,plan the classified withdrawal and orderly withdrawal of mining rights,study and improve the compensation mechanism,implement the ecological restoration responsibility,and gradually resolve the mining rights withdrawal mechanism in the nature reserve.Dilemma,with a view to promoting the coordinated development of the ecological environment and mineral resources development in nature reserves.In addition to the introduction,the article is divided into five parts to discuss the "exit mechanism",mainly based on the following research ideas:The first part is an overview of the exit mechanism,explaining the connotation of the exit mechanism,including the understanding of the nature reserve,the legal attributes of the mining right,and the legal basis for the exit.It analyzes the main contents of the exit mechanism of the mining right,including the classification exit mechanism,the step exit mechanism,Exit compensation mechanism and post-exit performance mechanism;point out the practical significance of the implementation of the exit mechanism in the context of relevant policies.The second part is to put forward the problems and reasons analysis in the practice of "withdrawal mechanism".It mainly points out the problems in terms of unclear violations,legal lag,"extensive" withdrawal methods,unclear compensation responsibilities,and failure to perform repair obligations.Make targeted recommendations.The third part mainly draws on the experience of foreign countries,captures its characteristics and useful measures,and deepens the thinking on the withdrawal mechanism of mining rights in China.The fourth part is to put forward suggestions for improving the "exit mechanism" in combination with China’s reality.From clarifying the basic status of mining rights to reasonable classified exits,orderly exits,clear rights and obligations,better implementation of exit compensation and ecological restoration responsibilities,etc.,to comprehensively and effectively solve practical problems.The fifth part is the concluding part,which is a summary of the previous part.Through the opportunity of restructuring the nature reserve system at this stage,we can solve the problems facing the withdrawal of mining rights and hope to better promote the balanced development of ecological and economic benefits.