An important research work that promotes the revision of Mineral Resources Law
——Comment on "Research on the Revision of my country's Mineral Resources Law from the Perspective of New Development Concept"
□ Cai Shouqiu
Based on the new development stage, implements New Development Concept HTML and builds a new development pattern, and urgently requires us to accelerate the revision of the Mineral Resources Law. At present, the amendment of the " Mineral Resources Law of the People's Republic of China " has been included in the legislative plan of the Standing Committee of the 13th National People's Congress. After repeated and careful research and extensive solicitation of opinions, the Ministry of Natural Resources drafted and formed the "Mineral Resources Law of the People's Republic of China (Revised Draft)" ( Draft for Soliciting Opinions ). Against this background, "Research on the Revision of my country's Mineral Resources Law from the Perspective of New Development Concept" written by Liao Xin, director and researcher of the Institute of Law of Guangxi Academy of Social Sciences, and his research team was published by Commercial Press . This is of great significance to promoting the revision of the Mineral Resources Law and is another important achievement of Liao Xin's research team, who has long been paying attention to the legislative research of mineral resources.
has the new development concept with "innovation, coordination, greenness, openness and sharing" as its core content, providing fundamental guidance for my country's mining industry to solve development problems, enhance development momentum, and strengthen development advantages. The monograph points out that the new development concept is the ideological guidance to guide all undertakings in the new development stage of my country, and has clarified the requirements and pointed out the direction for the current high-quality development of my country's mining industry. The monograph believes that applying the new development concept to the mining field is to solve the problem of mining development momentum through scientific and technological innovation and institutional innovation; through careful planning of domestic mining planning and deep participation in the world mining layout, solve the problems of imbalance in domestic mining development and global mining barriers; through land reclamation, ecological restoration, comprehensive development and economical utilization in mining areas, we seek green and sustainable development of mining, and solve the problem of harmony between man and nature in the mineral development process; through "going out" and "bringing in" the mining industry, we solve the problems of internal and external linkage and win-win cooperation in mining development; by sharing mining achievements and prospering the mining market, we can effectively solve the problem of social fairness and justice in mining areas.
This monograph adheres to the idea of promoting legislative system innovation through innovative legislative concepts, emphasizes following the laws of mining development and economic, guided by the new development concept, summarizing historical experience, based on solving current problems, and promoting the scientific and pragmatic reconstruction of the legal system of mineral resources. This monograph sorts out the development history of the revision of the Mineral Resources Law from a vertical perspective, comprehensively summarizes the legislative background, main content and achievements of mineral resources at different stages of my country's social development, especially conducts in-depth analysis of various new and old problems in mining economic development and mining political management in the past decade, and scientifically grasps the crux of the problems that need to be solved by the revision of the law; from a horizontal perspective, it sorts out the relatively mature mining management experience and institutional achievements of some foreign countries, and summarizes the mirror lessons of foreign legislation on the revision of my country's Mineral Resources Law. On this basis, this monograph combines the historical background under the current new development concept and looks at the overall macro-level, and puts forward basic ideas and countermeasures and suggestions for legal revisions that are conducive to the scientific development of mining and efficient resource management.
This research monograph adheres to problem-oriented approach, focuses on solving the increasingly prominent contradictions between mineral resource development and ecological environment protection, strives to promote the transformation of mineral resource development and utilization methods and development methods, and proposes a series of operational countermeasures and suggestions.For example, change the administrative approval of the qualification of the mining rights subject to the approval entry system, change the administrative approval of mining rights to ownership registration to highlight its property rights attributes; balance the relationship between public laws and regulations of mineral resources and private law adjustments, so as to establish a more relaxed mining rights market allocation system and promote its market-oriented transfer; implement the ecological civilization concept of mining areas, absorb the successful practices and related mature policies of the construction of green mines in various places, and strengthen the ecological restoration construction of mining areas; summarize domestic practices, learn from international common rules, fully mobilize the enthusiasm of mining enterprises, adjust and improve tax and fee policies, and make good institutional arrangements for mining tax collection and legal responsibility settings for governing mines according to law; ensure resource security, establish a complete mineral strategic reserve system, and build a mineral resource reserve legal system that emphasizes both mineral product reserves and mineral land reserves. These are valuable and useful discussions. Through in-depth research, the monograph systematically put forward an expert draft for the revision of the Mineral Resources Law, providing useful reference for the revision of my country's Mineral Resources Law.
This expert draft proposal has been selected as the proposal and suggestions material for the Guangxi delegation to attend the third session of the 13th National People's Congress. The core view of the expert draft proposal was transformed into important information of the Guangxi District Committee of the China Democratic League, and reported to the National Committee of the Chinese People's Political Consultative Conference in 2022, and was forwarded to relevant departments for research and operation, which played a good role in applying research and application and advising and making suggestions.
This monograph provides reference for my country's mining legislation, enriches ideas, and makes suggestions. It is an important research result in mining legislation research, and has strong reference value for management departments and mining enterprises to fully, accurately and fully implement the new development concept.
(Cai Shouqiu, formerly professor and doctoral supervisor of Wuhan University , Fuzhou University , Hunan University , Shanghai University Finance University Law School, President of the Environmental Resources Law Research Association of the Chinese Law Society. He has served as director of the second, third, fifth, sixth and seventh board of directors of the Chinese Law Society, executive director of the 7th board of directors of the Chinese Law Society and academic committee member of the academic committee of the Chinese Law Society, executive director of the Chinese Judicial Research Association , deputy director and director of the Institute of Environmental Law, Wuhan University, State Environmental Protection Administration)
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