矿业用地法律制度的研究.pdfVIP

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