对“违法违规煤矿”的认定与完善

The Identification and Perfection of the Illegal Coal Mines

我国对违法违规煤矿、煤炭的严厉打击从未停止。面对煤炭行业产能过剩、大型煤炭企业的连续亏损的现状,国家对煤炭行业救市、减负政策"轮番上阵"。国家多部门于2015年开启多部门的联合通知开展对违法违规煤矿的治理,从政策、法律、经济上多方面进行惩戒。以文件为基础,多部门的通知和惩戒措施,建立与"依法依规"相对应的负面清单,在执法的效果上是进步。论文在此背景下从理论上探讨违法违规煤矿范围、表现形式。以期为行政机关的依法行政、监管等提供更加清晰、有效的建议和思路。

In China, the illegal coal mines and coal is facing severe blows from the government . And a series of policy were enacted to reduce the burden and to save the market on the coal industry. In 2015, several departments are jointing to punish the illegal coal mines by policy, law and economic means. The effect of law enforcement is been improved obviously because of the establishment of the negative list by the notification and disciplinary measures from the departments based on the official files. In this background, this paper focuses on the scope and the form of expression of the illegal coal mines in theory. And the purpose of this papaer is to provide a more clear and effective suggestions and ideas for the administration according to law and regulation of the government.