Reserch On Subject Of Ecological Restoration Obligation In Mining Area

China is abundant in mineral resources,which plays an important role in the economic take-off of China in each period of its development.However,the disorderly mining year in year out has led to the fact that the status quo of ecological environment of mines in China is in grave difficulties,and this also has a serious impact on the ecological environment around mining areas,thus it is extremely urgent to restore the ecological environment in mining areas.There is a special chapter included in The Mineral Resources Law(revised draft)released by the Ministry of Natural Resources to provide the regulations on the ecological restoration in mining areas,which helps solve the problem of loose ecological restoration system in mining areas to some extent.However,the following problems still exist in in ecological restoration in mining areas: firstly,duties and responsibilities for ecological restoration in mining areas are not well defined,the concept and theory of responsibilities for ecological environment damage are not clear;secondly,the scope of the main body obligated for the ecological restoration in mining areas is not clear when the mining-right owner and the person engaged in mining mineral resources are the same or different;thirdly,the identification standards of ownerless mines are not clearly stated;fourthly,the workflow for the ecological restoration of ownerless mines has not been worked out by the administrative subject,and it is difficult to carry out the work of ecological restoration due to financial strain.In this paper,the concept of obligations for the ecological restoration in mining areas and the identification standards of the main body obligated for the ecological restoration were explored gradually by means of literature analysis and comparative research,combined with the field investigation about the work of ecological restoration in mining areas at Urad Middle Banner,Bayan Nur City and Xilin Gol League of Inner Mongolia and other methods,and moreover,the following possible paths for improvement were proposed according to the existing problems in the main body obligated for the ecological restoration in mining areas: firstly,the main body obligated for the ecological restoration in mining areas should be explicitly stipulated on the basis of accurately classifying the mines owned by someone and ownerless mines.For these mines owned by someone,firstly,when the mining-right owner and the person engaged in mining mineral resources are different,it is necessary to appropriately introduce the concept of "state responsibility" and place it in the first position of the list for responsibilities shouldering in order of succession so as to ensure timely and effective restoration of the ecological environment in mining areas;secondly,the names,ranges of use,methods for unified withdrawal and calculation of funds for the ecological environment in mining areas should be normalized and the supervision on ecological restoration funds in mining areas should be strengthened,to further enhance the binding obligations of mining-right owner for ecological restoration.For ownerless mines,first of all,it is necessary to have strict rules on the standards for the identification of ownerless mines,enrich the forms of public announcement,extend the period of public announcement to reduce the pressure on administrative bodies for restoration funds;secondly,a special organization should be set up to supervise the ecological restoration in mining areas,an exclusive process for ecological restoration should be designed to make sure that administrative bodies can timely and effectively restore the ecological environment in mining areas;thirdly,diversified market players can be introduced to participate in the ecological restoration of these ownerless mines,hoping thereby to expand the financing channels of restoration funds with the help of PPP mode.