Study On Main Responsibility Of Ecological Restoration In Mining Area

The unreasonable development of mines not only affects the ecosystem,but also may lead to a series of ecological environmental problems,and a large number of mines exposed seriously pollute the atmospheric environment.The overall situation of mine environment in China is very severe.There are not only a large number of abandoned mines,but also many of them are lost in production and new mines,and even some abandoned mines.This has increased the operation cost and burden of mine restoration.In 2019,the Ministry of Natural Resources issued a draft of the Mineral Resources Law(revised draft)for comments,in which the ecological restoration of mining areas was stipulated in a special chapter,and the restoration responsibilities of mining owners and people’s governments at or above the county level were clarified.It provides important guiding significance for the study of the main responsibility of mine ecological restoration.The Law on Mineral Resources,the Regulations on the Implementation of the Law on Mineral Resources and the Provisions on the Protection of the Geological Environment of Mines have been incorporated into the Legislative Work Plan of the Ministry of Natural Resources for 2020,and the legal process of ecological restoration in mining areas is gradually advancing.However,at present,we still face the problem that the legal system of subject responsibility is relatively loose and fragmented,and there are many principles and guiding provisions.Because the ecological restoration of mining area is comprehensive and complex,and is mixed with historical factors,the regulations on the main body of ecological restoration in mining area seem to cover all aspects from the national,social and individual levels.In addition,the division of the responsibility of the mining owner is still not clear enough under the specific legal circumstances,especially whether to introduce "state responsibility" needs to be verified.As a kind of environmental tort liability,the main responsibility of ecological restoration in mining area is not clear enough in judicial practice,which affects the scientific and reasonable sharing of the main responsibility.In the face of the severe situation of mine geological environment management,the legal system of ecological restoration in mining area should be perfected step by step,and attention should be paid to maneuverability,clarifying the main body of responsibility,so as to "pay more old accounts and not owe new accounts ".At the same time,it is urgent to refine the legal responsibility,highlight the main responsibility of enterprise governance,government-led,public participation,clear the "new account" and "old account" of mine restoration,grasp the main body of responsibility,raise funds in a diversified way,explore a new model of ecological restoration in mining areas,and do a good job of ecological environment protection.At the same time,the judicial experience is summarized,and the application of diversified imputation principle and classified burden of proof is used to provide legal basis and judicial guarantee for the realization of the main responsibility of ecological restoration in mining area.