SUN Qian    Law School

Abstract: Mineral resources is a kind of good which has the nature of the good. In the process of developing mineral resources, there are two diametrically opposite external. The exterior nature of the economic makes the developing of mineral resource into one inevitable thing. The negative external performance in the exploitation of mineral resources destruct the mining area and the environment .If we want to achieve the balance, we must construct the corresponding legal regime-mineral resource ecology compensation legal regime. The basis of the mineral resource ecology compensation's theory lies in the value of the mineral resource ,the exhaustion theory of the resources as well as the exterior theory, Our country pay more attention to the mineral resource compensation on the economic value more than on the compensation on environment value and the fair value, therefore, establishing the system that include the economical the environment and the fair is the basic require of the compensation system, The pay of mineral resource is unable to compensate the right and interest of the owner of mineral resources; Obtaining and the transferring of prospecting and mining rights can not manifest that who invest will benefit; The cost of prospecting and the mining right is the preliminary geological prospecting investment repayment, it should not belong to the mineral resource ecology compensation system; The collection of mineral resource taxes and fees is not strength; The basic legal system of mineral resource ecology compensation is lost and the mineral resource management system is chaotic; State macro-control is not enough and so on. In view of these questions, we may carry on there forming and the consummation in such aspect: first of all, we can amend the "Mineral Resources Law" or making the formulation of a "mineral resources ecological compensation law" to ensure a sound legal system, and strengthen the administration of the mineral resources. We can improve our country's mineral resources compensation, and can set up he right system by international standards. Then, we can establish some new systems. For example: collection of ecology compensation; establishment ecology compensation transfer payment system of mining industry city; mineral resource ecology risk-find system; environment government earnest money system as well as government regime and so on.; Finally, establishes our country's environment compensatory administration public welfare lawsuit system. Providing the system safeguard for the establishment compensation system that makes the economy, the environment, the fair, the mine peripheral environment's protection, the mine peripheral resident's benefit. The ecological security already become the important target on national strength. Therefore, the practical realization of mineral resources ecological compensation system, for China to achieve sustainable development, rapid and stable economic development is of great significance.

Read the article here:      矿产资源生态补偿法律制度研究.pdf