山西煤炭資源法治研究
發(fā)布時間：2018-07-23 08:14
【摘要】：煤炭資源是我國的一個重要的一次性能源,不論是在建國后的計劃經(jīng)濟階段時代,還是在改革開放后的社會主義市場經(jīng)濟背景下,煤炭資源都起著無法替代的作用,一方面它在我國整個能源體系中處于核心地位,與其它能源共同構(gòu)成了我國的能源體系;另一方面它在我國國民經(jīng)濟快速發(fā)展的進程中也居于至關(guān)重要的地位。 在這種情況下,如何通過法律手段,尤其是環(huán)境資源保護法,規(guī)范煤炭行業(yè)的生產(chǎn),合理開發(fā)煤炭資源,以促進煤炭資源的科學(xué)發(fā)展,加強對煤炭資源的保護,已成為法律界所關(guān)注的焦點問題。而且,更是與我國建設(shè)法治化的市場經(jīng)濟息息相關(guān)。由此可見,在社會主義市場經(jīng)濟中,如何加快煤炭資源的法治化進程,具有明顯的緊迫性和必要性。鑒于此,筆者將文章分為六部分,將煤炭執(zhí)法和山西煤炭資源整合相互結(jié)合,針對煤炭資源整合過程中出現(xiàn)的問題,提出了相應(yīng)的完善建議。 第一部分是闡述了煤炭資源法治的社會背景及意義,最具有代表性的制度是在煤炭法的修訂過程之中,明確提出了要規(guī)定煤炭行業(yè)準(zhǔn)入制度,從長期來看,我國制定該制度具有里程碑的意義。煤炭行業(yè)準(zhǔn)入制度提高了企業(yè)進入煤炭行業(yè)的標(biāo)準(zhǔn),實現(xiàn)了煤炭行業(yè)的法治化發(fā)展,與發(fā)展社會主義市場經(jīng)濟的基本要求相適應(yīng)。 第二部分對我國煤炭資源法治的歷史發(fā)展過程進行了詳細(xì)的分析,包括兩個方面,一是介紹了煤炭資源法治的歷史發(fā)展,二是分析了煤炭整合法治化的現(xiàn)狀。在山西省的煤炭資源整合過程中,在省政府的領(lǐng)導(dǎo)下,工作力度不斷加大,工作進度持續(xù)加快,各項任務(wù)穩(wěn)步推進,成效初步顯現(xiàn)。但同時也要看到,資源整合的法治化發(fā)展程度存在不平衡的情況,個別地方的環(huán)節(jié)進度較慢,影響了整體進度,必須進一步提高法律認(rèn)識,采取有效措施,加快整合進程。 第三部分分析了環(huán)境資源法與煤炭資源整合法治的關(guān)系,煤炭和環(huán)境問題是密切聯(lián)系,不可分割的,在我國的法律體系中,《煤炭法》與《環(huán)境保護法》是兩個獨立的部門法,這就意味著在開發(fā)、利用煤炭資源中必須以現(xiàn)有的法律為依據(jù),將兩部法律有機地結(jié)合起來,促進山西煤炭資源整合的法治化發(fā)展。 第四部分介紹了山西煤炭資源法治建設(shè)概況及其存在的問題。其存在的問題主要包括五方面:一是煤炭資源開發(fā)存在隱患;二是山西煤炭安全事故存在隱憂;三是煤炭行業(yè)自身存在的問題;四是煤炭行業(yè)給環(huán)境造成的污染問題;五是政府的行政監(jiān)管和法律支持力度不夠。 第五部分闡述了國外煤炭資源資源管理與環(huán)境保護制度,包括美國、南非、俄羅斯、印度、澳大利亞各個國家的具體情況。然后,總結(jié)各國的經(jīng)驗及對我國的借鑒意義。一是國外注重對煤炭礦業(yè)產(chǎn)權(quán)的管理和安全生產(chǎn)的監(jiān)管;二是國外普遍實行煤炭礦業(yè)產(chǎn)權(quán)的有償取得和使用制度,注重通過法律手段實現(xiàn)對煤炭資源的管理;三是建立了煤炭資源可持續(xù)發(fā)展金的制度;四是建立了科學(xué)的環(huán)境監(jiān)察制度,注重對生態(tài)環(huán)境的保護。 第六部分提出了完善山西煤炭資源法治建設(shè)的若干建議,以促進山西乃至全國煤炭行業(yè)的發(fā)展。如加大資金投入,提高科技水平,加強保護環(huán)境;促進山西煤炭資源整合的體系化發(fā)展;深化煤炭企業(yè)的法治化改革,實現(xiàn)煤炭企業(yè)的集團化。 總之,本文意在堅持正確改革方向的前提之下,積極探索完善山西省煤炭資源法治化的思路框架,并著重從煤炭行政執(zhí)法角度,全面地闡述我省目前煤炭執(zhí)法的現(xiàn)狀、問題和原因,并提出了與問題相對應(yīng)的解決方法。
[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.
【學(xué)位授予單位】：山西財經(jīng)大學(xué)
【學(xué)位級別】：碩士
【學(xué)位授予年份】：2011
【分類號】：D922.6;F426.21
本文編號：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.
【學(xué)位授予單位】：山西財經(jīng)大學(xué)
【學(xué)位級別】：碩士
【學(xué)位授予年份】：2011
【分類號】：D922.6;F426.21
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