Research On Legal System Of Ecological Restoration Of Abandoned Mines In China

Mineral resources is an important basis for China’s economic development since the reform and opening up,but the early years of the simple pursuit of economic benefits ignore the ecological benefits of destructive mining excavation mines,leaving behind numerous abandoned mine ecological problems,seriously affecting the production and life of the people in the mine and its surrounding areas and social and economic development,which is with the General Secretary proposed "green water and green mountains is the silver mountain This is seriously inconsistent with the concept of "green water and green mountains is the silver mountain" proposed by the General Secretary,and is not conducive to the construction of socialist ecological civilization.The 19 th and 20 th Party Congress reports have clearly proposed to build a beautiful China,adhere to the integrated protection and systematic management of mountains,water,forests,lakes,lakes,grasses and sand,and accelerate the implementation of major projects for the restoration and protection of important ecosystems.The Ecological Restoration of Abandoned Mines is inseparable from a sound legal and regulatory system,but due to the fragmentation of legislation on the Ecological Environment of Abandoned Mines,the low level of legislation,the lack of clarity of the main body responsible for Ecological Restoration,the existence of penalties instead of treatment,the lack of enforcement means,the poor operation of the Ecological Restoration mechanism in the process of law enforcement in the field of Ecological Environmental protection,as well as the judicial emphasis on sanctions rather than restoration in addition,the problem of the lack of clarity,difficulty in implementation and effectiveness of the mechanism has led to the destruction of the Ecological Environment of mines,which has not been curbed,and the Ecological Restoration of Abandoned Mines is difficult to promote effectively and the restoration effect is poor.Therefore,the study of the legal issues related to legislation,law enforcement and justice in the process of Ecological Restoration of Abandoned Mines and the proposal of effective improvement will be beneficial to the ecological protection of China’s mines and to the improvement of China’s environmental and resource protection jurisprudence.This paper is divided into four parts.In the first part,it introduces the current situation of abandoned mine restoration in China and the problems that exist,mainly from three perspectives of legislation,law enforcement and justice,and elaborates the legal problems that exist in the restoration of Abandoned Mines in China.In the third part,the legal system of Ecological Restoration of Abandoned Mines in the United States,Australia,Canada and other foreign countries is introduced,and the experience and inspiration for improving the Ecological Restoration of Abandoned Mines in China is drawn from it;in the fourth part,feasible suggestions for improving the legal protection of Abandoned Mines in China are proposed.After the study,the following conclusions are drawn: firstly,in terms of legislation,it is recommended to speed up the construction of the legal system for Ecological Restoration of Abandoned Mines,to clarify the rules of Ecological Restoration of Abandoned Mines and the content of restoration,and to further improve the legal system for the operation of funds to guarantee private relief;secondly,in terms of law enforcement,it is recommended to improve the alternative restoration system for Abandoned Mines,to promote the credit management system for the fulfillment of Ecological Restoration obligations,and to strengthen the Thirdly,in terms of justice,it is recommended to establish the principles of judicial adjudication in Ecological Restoration of Abandoned Mines,regulate the content of litigation judgments and execution procedures of Abandoned Mines,and attach importance to the application of restorative justice in Ecological Restoration of Abandoned Mines;fourthly,in terms of supervision system,it is recommended to further improve the supervision mechanism of multiple subjects and guarantee the authority and independence of ecological supervision institutions of Abandoned Mines.Fourthly,in terms of supervision system,it is recommended to further improve the supervision mechanism of multiple subjects,and to guarantee the authority and independence of the ecological supervision institutions of Abandoned Mines.Finally,in terms of guarantee system,it is recommended to improve the environmental impact assessment system and the land reclamation fund and deposit system.