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Abstract
Mining development relies on the use of land, and the mining land plays an important role in the
land management and mineral resources management. But mining land do not be cleared in law
for its particularity because of the limitation of mineral resources and the special location, mining
land has been managed as one type of the construction land management for a long time and the
mining enterprises have adopted the impose or transferred ways to achieve the land which the
land administration law provided. Because of the land management system basically formed in
planned economy period, with increasingly standardize of the land management and quickly
development of mining economic, such land system has revealed the rationality and lagging,
seriously break away from social reality in law, such as: disjointed between land management
and mining right management, lead to lots of phenomenon of illegal land nuisance to rent instead
of levy in practice ; The contradiction between farmland protection and land nervous of mining
development increasingly prominent; There is no much effect on mining land reclamation, mine
environmental damage gradually intensifies; The lack of the exit system after the reclamation of
land, results in a large number of abandoned mining land in idle, deserted.
Based on the analysis of the concept, classification of the mining land, the relationship
between the right of using mining land and mine right as a logical starting point and summarizes
the current mining land legal system design basis and content that the system including,
concluded the necessity of the reforms for current legal system of mining land, the goal and the
core content of reformation, and puts forward rebuilding the achievement system of mining land,
constructing exit system of mining land, in order to improve our mining land legal system,
promote the sustainable development of mining industry.
This paper is divided into four chapters:
The first chapter presents the g
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