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现行矿业制度几乎没有安全与健康、环境污染、矿业相邻关系以及公权力行政等方面的重要法律责任,因而在矿山企业违法结果发生后则以人治取代法治而治不胜治,这主要是以“矿”为主的财产性《矿产资源法》法律渊源的局限。应制定以“业”为主的管制性《矿业法》,以矿山企业应承担的社会责任为依据设置第一性义务,不履行第一性义务则按第二性义务承担不利后果。第二性义务是以社会性矿业法律责任为主,与经济性、政治性法律责任等构成矿业法律责任体系。社会性矿业法律责任的民事侵权适用严格责任原则、无过错原则、因果关系推定以及并不以违法为条件等。
The existing mining system has almost no important legal responsibilities in areas such as safety and health, environmental pollution, mining adjacent relations and public power administration. Therefore, after the illegal result of mining enterprises is replaced by rule of law and rule by law, it is mainly based on The Limitations of the Legal Origins of Property Law of Mineral Resources Based on “Mine”. A “mining law” dominated by “industry” should be formulated and the first obligation should be set on the basis of the social responsibilities assumed by the mining enterprises. If the non-performance of the first obligation is fulfilled, the second-party obligation should bear the adverse consequences. The second obligation is based on the legal responsibility of social mining, and economic and political legal liability constitute the mining legal responsibility system. The legal liability for social mining civil liability for the strict application of the principle of responsibility, no-fault principle, presumption of causality and not to the illegal conditions.