法律视野下解决矿农争端的机制创新

Focus on the relation between countryside and the mining industry under the legal vision

在市场经济条件下,由于经济利益驱动,矿业与农村关系状况呈现出“转型时秩序滞后”的现象,要解决矿农矛盾、实现社会的和谐有序运转,需要法治和德治相结合的机制支撑。为此,应完善调解制度,确立“补偿有余原则”,并实施相关的司法体制改革,进行设立矿业专门法院的尝试。

Under the market economical condition, the industry area and countryside have a collision because of the ecomical profits. The relation between the mining industry and the countrysides present to be ＂order lag in the transfer period＂. In order to solve the controdiction and realize the society＇s harmonious development, we need the mechanism combined ＂rule by law＂ and ＂rule by moral＂. Therefore, we need to perfect the system of people mediation, and establish the principle of extra compensation as well as the necessary mechanism that law adjusts the profit, and we also should carry on the reform of judical system.