What legal systems must be complied with by mining enterprises in China

Legal Analysis: Basic Legal System Mineral resources belong to the state, and the ownership of mineral resources by the state is exercised by ***. The State guarantees the rational development and utilization of mineral resources.

To prospect and exploit mineral resources, it is necessary to apply for and obtain prospecting rights and mining rights respectively in accordance with the law, and to go through registration. The State implements a system of paid acquisition of prospecting rights and mining rights; However, the state may reduce or exempt the fees for the acquisition of prospecting rights and mining rights for compensation according to different circumstances. The specific measures and implementation steps shall be specified by ***.

To exploit mineral resources, resource tax and resource compensation must be paid in accordance with relevant state regulations.

Legal basis: Mine Safety Law of the People's Republic of China

Article 2 Mineral resources exploitation activities within the territory of the People's Republic of China and other sea areas under the jurisdiction of the People's Republic of China shall comply with this Law.

Article 3 Mining enterprises must have facilities to ensure safe production, establish and improve safety management systems, take effective measures to improve the working conditions of employees, strengthen mine safety management, and ensure safe production.

Article 4 The competent labor administrative department shall exercise unified supervision over the national mine safety work.

The local people's labor administrative departments at or above the county level shall implement unified supervision over the mine safety work within their respective administrative areas.

The competent departments of the people's management of mining enterprises at or above the county level shall manage the mine safety work.

Your question is tricky, and the reasons are complex:

0, the main reason is that whether the ore mining enterprise is operating illegally or not, but it is already in operation, the state will make a certain compromise based on economic interests and favor the enterprise side.

1. That is, even if your home is now at a dangerous distance from the mine, you are still the weaker party. Here's what you can do: move first, negotiate with the business at the time of the move and ask for compensation.

B to ** to reflect the situation and ask for an explanation is the second (from your information feel that you have not reflected to **, whether ** has colluded with the enterprise or not, it has to give you a clear answer), at the same time, you can also consult the local ** or ** department (urban and rural development department, legal office), legal aid agencies, etc. c. The court to sue the company is the third, because you are likely to not be able to sue, and if you want to go to court, you must be prepared for a long-term battle.

2. There is a question I have in question, that is, when the factory and mine were established, did you get the resettlement money or compensation, if you have already gotten it, then you also have something that makes no sense. In that case, moving should be the best course of action.

According to the property law, the adjacent rights were violated, and it was recommended to sue the court to stop the infringement and compensate for the damages.

Legal analysis: The protection of the mine geological environment adheres to the principle of prevention first, prevention and control combined, who develops and protects, who destroys and governs, and who invests and benefits. The Ministry of Land and Resources is responsible for the protection of the geological environment of mines nationwide.

The local administrative departments of land and resources at or above the county level shall be responsible for the protection of the mine geological environment in their respective administrative regions. The State encourages scientific and technological research on mine geological environmental protection, popularizes relevant scientific and technological knowledge, popularizes advanced technologies and methods, formulates relevant technical standards, and improves the scientific and technological level of mine geological environmental protection. The State encourages enterprises, social groups or individuals to invest in the restoration of the geological environment of closed or abandoned mines.

Any unit or individual has the right to report and accuse against any illegal act that damages the geological environment of the mine.

Legal basis: "Mineral Resources Law of the People's Republic of China" Article 7 The State implements the policy of unified planning, rational layout, comprehensive exploration, rational exploitation and comprehensive utilization for the exploration and development of mineral resources.