关于加快推进矿产资源法修订工作的若干思考

Thoughts on Accelerating Our Efforts to Promote the Amendment of The Mineral Resource Law

新一轮矿产资源法修订工作取得阶段性进展,在修法指导思想和基本原则方面达成共识的基础上,充分尊重原矿法框架,形成了12章100条内容的矿法修订草稿,修改的主要内容可总结归纳为九个方面。其中涉及的热点问题主要有关于矿法的定位、矿法宗旨与调整范围、矿业权属性;难点问题主要有关于矿业权审批改革、矿业权出让方式、矿业权价款、资源税费改革。下一步矿产资源法修订应在内容方面增设"矿产资源保护"一章,调整"矿业权"的内容,补充"地质资料和矿产资源储量"的内容,将"矿山环境治理恢复"调整为"矿山环境治理恢复与和谐矿区",完善"矿产资源税费"的内容;同时,应采取"主法加众条例"模式,新设、修订和保留部分配套法规。

A new round of revision work relating the Law of Mineral Resources has made phased progress. That means, on the basis of the consensus on guiding revision doctrine and basic principles, we fully respect the framework of original law, as a result, the revised draft including article 100 in chapter 12 has been formed. The amendment of present law is mainly the change in nine aspects, in which the hot topics mainly include the positioning, the purpose, and adjustment range of the law, as well as the attribute of mining rights; while the dififcult issues include the reforms in examination and approval of mining rights, the transfer of mining right, the price of mining right, and taxation and fee of resources. On this basis, this paper points out that the next step for us is to add a chapter for mineral resources protection, to adjust the content of mining rights, to supplement the content with regard to geological data and mineral resources reserves, to change mine rehabilitation to recovery and control mine environment and harmonious mining areas, to improve mineral resources tax and fee. In addition, we must use the pattern of the major law plus all the rules, build new regulation, amend and remain part of the supporting regulations.