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现行《矿产资源法》在宏观结构和具体制度上存在诸多问题。在结构上,它是以矿业权的获得、行使和管理为主线进行构造的;在具体制度上,不仅现有的矿业权市场、矿产资源税费、法律责任等制度在法理上和实践中存在诸多问题,还缺乏许多核心制度。《矿法》修改的前提是厘清矿产资源开发利用中的权利关系、利益分享关系以及开发利用与环境保护之间的关系。《矿法》的宏观结构和具体制度应当包括矿产资源规划与储量、矿业权、矿产资源勘查与开发、矿产资源税费、矿业用地、环境治理恢复与监测、监督检查、法律责任等几个方面内容。
The existing “Mineral Resources Law” in the macro-structure and the specific system there are many problems. In terms of structure, it is constructed with the acquisition, exercise and management of the mining right as the main line. In the specific system, not only existing legal systems and practices such as the mining rights and taxes, mineral resources tax and legal liability exist in practice Many problems, but also the lack of many core systems. The premise of the revision of “Mining Law” is to clarify the relationship between the rights and interests in the exploitation and utilization of mineral resources, the relationship between benefit-sharing, and the relationship between development and utilization and environmental protection. The macro-structure and specific system of “Mining Law” should include aspects of mineral resources planning and reserves, mining rights, exploration and development of mineral resources, taxes and fees for mineral resources, mining land, restoration and monitoring of environmental governance, supervision and inspection, and legal responsibilities content.