新《矿产资源法》背景下矿业权转让中矿区生态修复义务的履行与保障

    The performance and guarantee of ecological restoration obligation in mining areas during the transfer of mining rights under the background of the new Mineral Resources Law

    • 摘要: 矿区生态修复是贯彻落实国家生态文明建设要求、推动实现人与自然和谐共生的现代化的重要举措之一,对于统筹资源开发与生态保护、维护区域及国家生态安全具有至关重要的作用。2024年新修订的《中华人民共和国矿产资源法》增设专章对矿区生态修复作出了明确规定,为生态修复长效机制的搭建提供了基本规范。但当前,矿业权转让中矿区生态修复义务的履行尚不充分、责任难以真正落实。对此,本文基于现行矿区生态修复的制度体系框架,在对矿业权登记和转让制度改革进行分析的基础上,深入研究了矿业权转让合同履行与矿区生态修复实践的衔接,并进一步结合典型案例剖析,提出矿业权转让过程中矿区生态修复的保障机制构建路径。研究认为,矿业权转让所涉及的矿区生态修复义务及责任承担面临修复主体争议、合同条款缺失、修复资金不足等多重履行困境,导致生态修复责任模糊虚化、执行链条断裂等问题日益凸显,尚需依托法律法规、行政、经济、技术等多维保障机制协同发力。法律法规层面,进一步细化完善制度设计,要求转让合同中纳入生态修复条款,在合同条款设计方面清晰界定权利义务边界、阶段目标、验收标准及违约责任,并建立第三方评估机制;经济层面,推行生态修复履约保证金制度与专项基金,确保资金独立监管、专款专用,同时探索政府补贴、绿色信贷等多元融资渠道;技术层面,加强行业技术标准制定与推广,鼓励企业与科研机构合作研发低成本、高效率的修复技术等,以进一步推动生态修复责任落地,更好地实现资源开发与生态保护相容相促。

       

      Abstract: Ecological restoration in mining areas represents a crucial measure for implementing national ecological civilization initiatives and advancing the modernization characterized by harmonious coexistence between humans and nature. It plays a vital role in balancing resource exploitation with ecological protection and in safeguarding regional and national ecological security. The newly revised the Mineral Resources Law of the People’s Republic of China in 2024 introduces a dedicated chapter that explicitly stipulates ecological restoration in mining areas, providing a foundational framework for establishing a long-term restoration mechanism. However, in practice, the fulfillment of ecological restoration obligations remains insufficient during the transfer of mining rights, and accountability is often difficult to enforce. Based on the existing institutional framework for ecological restoration in mining areas, this paper examines the legal attributes and regulatory requirements of mining rights transfer. It further explores the connection between the performance of mining rights transfer contracts and the practice of ecological restoration, supported by analysis of typical cases. The study proposes a pathway for constructing a safeguard mechanism to ensure ecological restoration during mining rights transfer. The research indicates that the obligations and responsibilities related to ecological restoration in the context of mining rights transfer face multiple implementation challenges, including disputes over restoration entities, absence of specific contractual clauses, and inadequate funding. These issues have led to increasingly prominent problems such as ambiguity in responsibility, dilution of obligations, and breaks in the execution chain. Therefore, it is essential to develop coordinated multi-dimensional safeguard mechanisms encompassing legal, administrative, economic, and technical aspects. At the legal and regulatory level, system design should be further refined to require detailed ecological restoration clauses in transfer contracts, clearly defining rights and obligations, phased objectives, acceptance criteria, and liabilities for breach of contract, along with establishing a third-party evaluation mechanism. At the economic level, a performance deposit system and dedicated restoration funds should be implemented to ensure independent oversight and earmarked use of funds, while diversified financing channels such as government subsidies and green credit should be explored. At the technical level, the development and promotion of industry technical standards should be strengthened, and cooperation between enterprises and research institutions should be encouraged to advance cost-effective and efficient restoration technologies. These measures aim to reinforce the implementation of ecological restoration responsibilities and better achieve the compatibility and mutual promotion of resource development and ecological protection.

       

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