Study On Perfecting The Legal System Of Ecological Restoration In Mining Area

As a result of long-term large-scale mining,environmental pollution and ecological damage in mining area are becoming more and more serious,a large number of abandoned mining areas are extremely degraded,which seriously restrict the construction of ecological civilization in mining area.Perfect the legal system of ecological restoration in mining areas to provide standard guidance and system guarantee for the practice of "green water and green mountains are golden mountains".There are many problems with the legal system for the ecological restoration of mining areas in our country: the legal system is loose and unsound,the capital guarantee system is lacking and the systems for the restoration plans are not connected with each other.The reasons for this are that the legislative concept lags behind,the basic scope of the system is unclear and the assessment and evaluation mechanism is imperfect.From the point of view of necessity,it is beneficial to improve the ecological environment of mining area,to promote the sustainable development of mining area and to promote the construction of ecological civilization.From the perspective of feasibility,the legal system of ecological restoration in mining areas has a solid institutional basis,rich local experience and certain extraterritorial reference.In order to perfect the legal system of ecological restoration in mining area,we should renew the legislative idea,set up the idea of holistic protection,systematic restoration and comprehensive management.Secondly,efforts shall be made to improve the subject system for the ecological restoration of mining areas by distinguishing mines under construction,manufacturing mines,and mines abandoned over from history and closed down according to policies,and clarifying the subject scope of the subject system for the ecological restoration of mining areas,the principle of assuming responsibilities and the ways of assuming responsibilities.Follow the principles of "whoever destroys shall repair","treatment while producing","compensation by beneficiaries" and "investors’ benefits",and determine the ways of bearing liability in a scientific manner.Secondly,the system of ecological restoration in mining areas should be perfected,and the scientific and reasonable restoration objectives,restoration models and baseline standards should be established.Thirdly,the system of funds for ecological restoration of mining areas shall be improved,and the experience shall be summed up from the reform process of the fund for restoration,restoration and management of the geologic environment of mines and the practice of the fund for eco-environmental damage compensation,so as to attract social investment and improve the fund guarantee system.Furthermore,with respect to the improvement of the supervision and administration system for the ecological restoration of mining areas,the system and mechanism for the ecological restoration of mining areas shall be specified,the connection between administrative organs and judicial organs shall be strengthened,and the channels and platforms for public participation in the supervision shall be broadened.Finally,the legal system on ecological restoration of mining areas can be improved by revising the special chapter of the Mineral Resources Law on ecological restoration of mining areas,and formulating and promulgating the Regulations on ecological restoration of Mining Areas.