Study on the compensation mode of mining right withdrawal in nature reserves with national parks as the main body
In the construction of national parks as the mainstay of nature reserves,the proper handling of compensation for the withdrawal of mining rights is the key to balancing ecological protection and the development of mineral resources.The study deeply analyzes the legislation and judicial practice of compensation for withdrawal of mining rights in nature reserves,and reveals the complexity of its characteristics.This complexity is attributed to three aspects:first,the scope of compensation is vague and general,the scope of direct loss is not uniform,and indirect loss is often ignored;second,the compensation standard is set roughly,does not reflect the principle of classification management,lacks the scientific assessment method,and the acceptability of the compensation result is low,which affects the reasonableness,scientificity,and fairness of the compensation standard;third,the means of compensation is flat and single,and the financial compensation is limited by the financial pressure and assessment problems,while the non-financial compensation method faces the same difficulties as the financial compensation method.difficulties,while the non-funded compensation methods face operational complexity and difficulty in implementation on the ground.In view of this,it is necessary to improve the current compensation methods,specifically:in terms of the scope of compensation,direct losses should be recognized fairly and reasonably,and specific compensation should be divided based on the distinction of limitation of rights and interests,with deduction of the fair burden,and indirect losses should be considered in a comprehensive manner.In terms of compensation standards,three types of compensation standards should be formulated according to the types and functional zoning of nature reserves,and scientific methods such as the discounted cash flow method and the comparable sales method should be used to determine the amount of compensation and ensure the fairness of compensation.In terms of compensation means,the financing mechanism of capital compensation should be optimized,and the institutionalization of non-cash compensation methods should be strengthened.Ultimately,the systematic synergy of compensation for mining right withdrawal should be formed in the construction of nature reserve system of national parks,so as to promote the high-quality development of the construction of nature reserve with national parks as the main body of nature reserve with the most rigorous thinking of the rule of law.
mineral resource managementmining rightnational parknature reserve systemcompensation modalities for withdrawal of mining right
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