资源环境产权缺陷与矿区生态补偿机制缺失:影响机理分析

Research on the resources environment right and the ecological compensation of coal mining

矿区生态环境持续恶化的根源在于资源环境产权制度的缺失。我国矿产资源产权制度主要存在所有权、管理权、经营权混淆导致权责不清,采矿权权能残缺,以及一元矿权与二元地权的矛盾与冲突问题。对环境质量的使用权尚没有在法律层面上进行明确界定。对榆林矿区的实证研究表明,在矿产资源开发中利益主体与生态补偿的责任主体严重背离。只有从改革资源环境产权制度着手,才有望建立完善的矿区生态补偿机制,从而彻底解决矿区生态环境问题。

Continued deterioration of ecological environment in mining areas is rooted in the lack of resources environment right. Many problems exist in China ＇s mineral resources management,such as unclear confines between rights and liabilities,the incomolete function of mining,as well as the conflicts of monadic mining rights and dual land tenure. As far as the environment right,it is still not clearly defined on a legal level. The empirical studies about Yulin district show that there exists a significant departure between the gains and the ecological compensation liability among mining companies,local governments and the central government. In order to improve the mechanism of ecological compensation of mine,we desiderate to clearly define the responsibilities and rights of stakeholders.