Research On The Legal System Of Ecological Compensation For Mineral Resources

At present,China is in an important transition period of mineral resources development,and the ecological crisis caused by the exploitation of mineral resources is gradually emerging.It is necessary to carry out systematic and scientific comprehensive management of the seriously damaged ecological environment,in order to further implement and consolidate the valuable achievements of China’s ecological civilization construction.In this context,ecological compensation has gradually received widespread attention and has been formally proposed as a system.However,in the existing research and practice fields,the policies and cases of ecological compensation are mostly concentrated in the fields of forests,grasslands,water flows,etc.,and no special legislation on ecological compensation for mineral resources has been promulgated.The practice of ecological compensation for mineral resources still has the dilemma of imperfect legal system,relatively single compensation means,and insufficient supervision and management.How to minimize the negative effect of mineral resource exploitation on the ecological environment,how to maximize the protection of the survival and development rights and interests of mining area residents,and realize the sustainable development of mining cities have become a severe test facing China.Therefore,this thesis takes the legal system of ecological compensation for mineral resources as the research theme,comprehensively examines the successful practice in China and the advanced experience outside the region,and proposes a solution to the current dilemma of the legal system of ecological compensation for mineral resources.This thesis consists of five parts.Firstly,the background and significance of the thesis are clearly clarified.And ecological compensation and ecological compensation of mineral resources are used as the search keywords respectively,and the relevant literature at home and abroad is summed up.Finally the research content and research methods are explained.Secondly,this thesis conducts a theoretical investigation on ecological compensation for mineral resources,studies the definition of ecological compensation from a legal perspective,analyzes the relevant concepts of ecological compensation,further clarifies the connotation of ecological compensation in the field of law.On this basis,takes the treatment of coal mining subsidence in Shandong Province as an example,analyzes the basic connotation of ecological compensation for mineral resources,and finally summarizes the necessity of constructing a legal system for ecological compensation for mineral resources from three aspects.Third,sort out the operation status of the legal system of ecological compensation for mineral resources.First of all,from the national and local levels,the legislative status of the legal system of ecological compensation for mineral resources is sorted out;On this basis,it examines the practice of the legal system of ecological compensation for mineral resources;Finally,it analyzes and sums up the existing problems of ecological compensation,such as the basic system to be refined,the lack of diversification of economic means,and the urgent need to improve the regulatory mechanism.Fourth,the specific practice of the legal system of ecological compensation for mineral resources in the United States,Germany and Australia is examined respectively,and the experience of the legal system of ecological compensation for mineral resources outside the region is summarized from three aspects: legal system construction,entry and exit mechanism and capital guarantee system.Finally,based on domestic exploration and extraterritorial practice,this thesis come out with suggestions for the improvement of the construction of China’s legal system for ecological compensation of mineral resources.First,strengthen the construction of the legal system by improving the legal system and clarifying the legal elements;Second,through the analysis of specific cases,the market-oriented operation mode of ecological compensation for mineral resources is proposed;Third,improve the supporting ecological compensation system by improving the supervision and management mechanism and giving full play to the advantages of the public participation system to ensure the smooth development of the compensation work.