山西煤炭资源法治研究
发布时间：2018-07-23 08:14
【摘要】：煤炭资源是我国的一个重要的一次性能源,不论是在建国后的计划经济阶段时代,还是在改革开放后的社会主义市场经济背景下,煤炭资源都起着无法替代的作用,一方面它在我国整个能源体系中处于核心地位,与其它能源共同构成了我国的能源体系;另一方面它在我国国民经济快速发展的进程中也居于至关重要的地位。 在这种情况下,如何通过法律手段,尤其是环境资源保护法,规范煤炭行业的生产,合理开发煤炭资源,以促进煤炭资源的科学发展,加强对煤炭资源的保护,已成为法律界所关注的焦点问题。而且,更是与我国建设法治化的市场经济息息相关。由此可见,在社会主义市场经济中,如何加快煤炭资源的法治化进程,具有明显的紧迫性和必要性。鉴于此,笔者将文章分为六部分,将煤炭执法和山西煤炭资源整合相互结合,针对煤炭资源整合过程中出现的问题,提出了相应的完善建议。 第一部分是阐述了煤炭资源法治的社会背景及意义,最具有代表性的制度是在煤炭法的修订过程之中,明确提出了要规定煤炭行业准入制度,从长期来看,我国制定该制度具有里程碑的意义。煤炭行业准入制度提高了企业进入煤炭行业的标准,实现了煤炭行业的法治化发展,与发展社会主义市场经济的基本要求相适应。 第二部分对我国煤炭资源法治的历史发展过程进行了详细的分析,包括两个方面,一是介绍了煤炭资源法治的历史发展,二是分析了煤炭整合法治化的现状。在山西省的煤炭资源整合过程中,在省政府的领导下,工作力度不断加大,工作进度持续加快,各项任务稳步推进,成效初步显现。但同时也要看到,资源整合的法治化发展程度存在不平衡的情况,个别地方的环节进度较慢,影响了整体进度,必须进一步提高法律认识,采取有效措施,加快整合进程。 第三部分分析了环境资源法与煤炭资源整合法治的关系,煤炭和环境问题是密切联系,不可分割的,在我国的法律体系中,《煤炭法》与《环境保护法》是两个独立的部门法,这就意味着在开发、利用煤炭资源中必须以现有的法律为依据,将两部法律有机地结合起来,促进山西煤炭资源整合的法治化发展。 第四部分介绍了山西煤炭资源法治建设概况及其存在的问题。其存在的问题主要包括五方面:一是煤炭资源开发存在隐患;二是山西煤炭安全事故存在隐忧;三是煤炭行业自身存在的问题;四是煤炭行业给环境造成的污染问题;五是政府的行政监管和法律支持力度不够。 第五部分阐述了国外煤炭资源资源管理与环境保护制度,包括美国、南非、俄罗斯、印度、澳大利亚各个国家的具体情况。然后,总结各国的经验及对我国的借鉴意义。一是国外注重对煤炭矿业产权的管理和安全生产的监管;二是国外普遍实行煤炭矿业产权的有偿取得和使用制度,注重通过法律手段实现对煤炭资源的管理;三是建立了煤炭资源可持续发展金的制度;四是建立了科学的环境监察制度,注重对生态环境的保护。 第六部分提出了完善山西煤炭资源法治建设的若干建议,以促进山西乃至全国煤炭行业的发展。如加大资金投入,提高科技水平,加强保护环境;促进山西煤炭资源整合的体系化发展;深化煤炭企业的法治化改革,实现煤炭企业的集团化。 总之,本文意在坚持正确改革方向的前提之下,积极探索完善山西省煤炭资源法治化的思路框架,并着重从煤炭行政执法角度,全面地阐述我省目前煤炭执法的现状、问题和原因,并提出了与问题相对应的解决方法。
[Abstract]:Coal resources are an important one-time energy in our country. Whether it is in the period of planned economy after the founding of the people's Republic of China, or under the background of socialist market economy after the reform and opening up, the coal resources are playing an irreplaceable role. On the one hand, it is in the core position in the whole energy system of our country and is formed together with other energy sources. China's energy system, on the other hand, plays a vital role in the rapid development of our national economy.
In this case, how to use legal means, especially environmental protection law, to standardize the production of coal industry, to develop coal resources reasonably, to promote the scientific development of coal resources, and to strengthen the protection of coal resources has become the focus of the law circles. Moreover, it is also the market economy interest rate of building the rule of law in China. Therefore, in the socialist market economy, how to speed up the process of the rule of law of coal resources has obvious urgency and necessity. In view of this, the author divides the article into six parts, combining the coal law enforcement with the coal resources in Shanxi, and putting forward the corresponding completion of the problems in the process of the integration of coal resources. Good advice.
The first part expounds the social background and significance of the rule of law of coal resources. The most representative system is in the process of revision of the coal law. It is clear that the coal industry admittance system should be stipulated. In the long run, the system has a milestone significance in China. The coal industry access system has raised the enterprise into the coal industry. The implementation of the rule of law in the coal industry is compatible with the basic requirements of developing the socialist market economy.
The second part makes a detailed analysis of the historical development process of the rule of law of coal resources in China, including two aspects, one is the introduction of the historical development of the rule of law of coal resources, and the two is the analysis of the status of the integration of coal in the rule of law. In the process of the integration of coal resources in Shanxi Province, under the leadership of the provincial government, the work has been continuously strengthened. At the same time, it is necessary to see that the degree of legal development of the resource integration is not balanced, and the progress of the individual places is slow, which affects the overall progress. It is necessary to further improve the legal understanding, take effective measures and accelerate the integration process.
The third part analyzes the relationship between the law of environmental resources and the integration of the rule of law with coal resources. The coal and environmental problems are closely related and inseparable. In the legal system of China, the coal law and the environmental protection law are two independent department laws. This means that the existing law should be based on the development of the coal resources and two of the coal resources. The Ministry's laws are organically combined to promote the rule of law development of Shanxi's coal resources integration.
The fourth part introduces the general situation of the rule of law construction of coal resources in Shanxi and its existing problems. The existing problems mainly include five aspects: first, there are hidden dangers in the development of coal resources; two is the hidden troubles in coal safety accidents in Shanxi; three is the problem of the coal industry itself; four is the pollution problem caused by the coal industry; the five is the government. The administrative supervision and legal support of the government are not enough.
The fifth part expounds the foreign coal resources resource management and environmental protection system, including the United States, South Africa, Russia, India and Australia, and then summarizes the experience of various countries and the reference significance to our country. First, the foreign attention to the management of coal mining rights and the supervision of safety production; two is the general foreign countries. The system of compensatory acquisition and use of coal mining property rights is carried out, and the management of coal resources is realized through legal means; three is the system for the establishment of the sustainable development of coal resources; the four is to establish a scientific environmental supervision system and pay attention to the protection of the ecological environment.
The sixth part puts forward some suggestions to improve the construction of the rule of law of coal resources in Shanxi, in order to promote the development of the coal industry in Shanxi and the whole country, such as increasing capital investment, improving the level of science and technology, strengthening the protection of the environment, promoting the systematic development of the integration of coal resources in Shanxi, deepening the reform of the coal enterprises by the rule of law, and realizing the group of coal enterprises.
In a word, this article is intended to adhere to the correct direction of reform, and actively explore and improve the framework for the rule of law of coal resources in Shanxi Province, and focus on the present situation, problems and reasons of coal law enforcement in our province from the angle of coal administrative law enforcement, and put forward a corresponding solution to the question.
【学位授予单位】：山西财经大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D922.6;F426.21
本文编号：2138766
[Abstract]:Coal resources are an important one-time energy in our country. Whether it is in the period of planned economy after the founding of the people's Republic of China, or under the background of socialist market economy after the reform and opening up, the coal resources are playing an irreplaceable role. On the one hand, it is in the core position in the whole energy system of our country and is formed together with other energy sources. China's energy system, on the other hand, plays a vital role in the rapid development of our national economy.
In this case, how to use legal means, especially environmental protection law, to standardize the production of coal industry, to develop coal resources reasonably, to promote the scientific development of coal resources, and to strengthen the protection of coal resources has become the focus of the law circles. Moreover, it is also the market economy interest rate of building the rule of law in China. Therefore, in the socialist market economy, how to speed up the process of the rule of law of coal resources has obvious urgency and necessity. In view of this, the author divides the article into six parts, combining the coal law enforcement with the coal resources in Shanxi, and putting forward the corresponding completion of the problems in the process of the integration of coal resources. Good advice.
The first part expounds the social background and significance of the rule of law of coal resources. The most representative system is in the process of revision of the coal law. It is clear that the coal industry admittance system should be stipulated. In the long run, the system has a milestone significance in China. The coal industry access system has raised the enterprise into the coal industry. The implementation of the rule of law in the coal industry is compatible with the basic requirements of developing the socialist market economy.
The second part makes a detailed analysis of the historical development process of the rule of law of coal resources in China, including two aspects, one is the introduction of the historical development of the rule of law of coal resources, and the two is the analysis of the status of the integration of coal in the rule of law. In the process of the integration of coal resources in Shanxi Province, under the leadership of the provincial government, the work has been continuously strengthened. At the same time, it is necessary to see that the degree of legal development of the resource integration is not balanced, and the progress of the individual places is slow, which affects the overall progress. It is necessary to further improve the legal understanding, take effective measures and accelerate the integration process.
The third part analyzes the relationship between the law of environmental resources and the integration of the rule of law with coal resources. The coal and environmental problems are closely related and inseparable. In the legal system of China, the coal law and the environmental protection law are two independent department laws. This means that the existing law should be based on the development of the coal resources and two of the coal resources. The Ministry's laws are organically combined to promote the rule of law development of Shanxi's coal resources integration.
The fourth part introduces the general situation of the rule of law construction of coal resources in Shanxi and its existing problems. The existing problems mainly include five aspects: first, there are hidden dangers in the development of coal resources; two is the hidden troubles in coal safety accidents in Shanxi; three is the problem of the coal industry itself; four is the pollution problem caused by the coal industry; the five is the government. The administrative supervision and legal support of the government are not enough.
The fifth part expounds the foreign coal resources resource management and environmental protection system, including the United States, South Africa, Russia, India and Australia, and then summarizes the experience of various countries and the reference significance to our country. First, the foreign attention to the management of coal mining rights and the supervision of safety production; two is the general foreign countries. The system of compensatory acquisition and use of coal mining property rights is carried out, and the management of coal resources is realized through legal means; three is the system for the establishment of the sustainable development of coal resources; the four is to establish a scientific environmental supervision system and pay attention to the protection of the ecological environment.
The sixth part puts forward some suggestions to improve the construction of the rule of law of coal resources in Shanxi, in order to promote the development of the coal industry in Shanxi and the whole country, such as increasing capital investment, improving the level of science and technology, strengthening the protection of the environment, promoting the systematic development of the integration of coal resources in Shanxi, deepening the reform of the coal enterprises by the rule of law, and realizing the group of coal enterprises.
In a word, this article is intended to adhere to the correct direction of reform, and actively explore and improve the framework for the rule of law of coal resources in Shanxi Province, and focus on the present situation, problems and reasons of coal law enforcement in our province from the angle of coal administrative law enforcement, and put forward a corresponding solution to the question.
【学位授予单位】：山西财经大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D922.6;F426.21
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