矿产资源的价值补偿模式及国际经验

Value Compensation Model for Mineral Resources and International Experience

清晰界定的产权是矿产资源价值补偿的前提条件。矿产资源所有者、矿业权人和资源所在地居民共同构成矿产资源的产权主体。矿产资源的价值由边际使用者成本(所有权价值)、边际直接成本(矿业权价值),以及外部损害成本(矿区居民环境权益)3部分所构成。矿产资源不同产权主体所代表的各价值组成部分的有效补偿,是矿业可持续发展的关键。在成熟的市场经济国家,矿产资源所有者权益补偿的主要形式是矿山地租,具体形式有权利金、矿地租金、资源超额利润税等;探矿权价值实行“谁投资、谁受益”的补偿模式,加上政府的财税扶持,保证了矿业权价值的补偿。按照“污染者付费”规则,矿产企业负有向资源所在地居民进行环境损害补偿的义务,这种义务的履行依靠行政监管与金融安排等手段。

A clearly defined property rights is a prerequisite to value compensation of mineral resources. In this paper we proposed a theoretical framework on value compensation of mineral resources in which the property rights of mineral resource are shared by three principal parts including its owner, the individual who holds mining rights and the citizen living around the resource areas respectively. The value of mineral resource is consisted of marginal user cost （value of owner rights ）, marginal direct cost （value of exploration and mining rights） and external damage cost （value of the resident＇s environmental rights）. Therefore, the effective compensation to each part of the values as represented by different principal parts of property rights, is a key to sustainable development of mining industry. The theoretical framework is used to figure out the mechanism related to value compensation of mineral resources in the market-oriented countries. We found that in these countries, a major approach compensating the rights of mineral owner is to pay them mineral rents, which comprise royalties, rents and bonus. The value of exploration rights is achieved in the principle of “who invests, who benefits”. In the meanwhile, the fiscal subsidies and preferential taxation ensure value compensation of mining rights, According to the rule of“polluters pay”, the mining firm is under obligation to compensate the citizens affected by the mining for the damages. Usually, value compensation mechanism of mineral resource takes two ways, one is to bargain between the developers and surrounding communities, and the other is to stipulate a unified compensation policy and formula by the government. And the implementation of mining firm＇s compensation obligation relies on the effective administrative monitoring and financial arrangements. Such a compensation system has been established through continuous trial in the long-term mineral development in developing countries, which has significant meaning for China although some concrete instruments may not be suitable for the context of Chinese culture and legal setting.