新时代我国矿业高质量发展的法治保障 ——新矿产资源法的修法过程和主要制度考虑

Core Viewpoint - The newly revised Mineral Resources Law, effective from July 1, 2025, represents a comprehensive and systematic overhaul of the existing law, providing a strong legal guarantee for the high-quality development of China's mining industry in the new era [1] Legislative Process - The Mineral Resources Law was originally established in 1986 and has undergone partial amendments in 1996 and 2009. The 1986 law laid the foundation for rapid development in the mining sector during the reform and opening-up period by ensuring state ownership and rational development of mineral resources [3] - The need for reform has been recognized due to emerging issues in the mining sector, such as the need for a robust national mineral resource security system and the lack of institutional confirmation for market-oriented reforms. This has led to multiple proposals for amendments from various stakeholders since 2008 [4] Policy Background - The central government has emphasized the importance of mineral resource security and development, with directives from President Xi Jinping to enhance exploration efforts and improve the level of resource development and protection. Various policy documents have been issued to support the revision of the Mineral Resources Law [5] Key Institutional Considerations - The revised law incorporates principles of national security, market-oriented reforms, and ecological sustainability. It expands from 7 chapters and 53 articles to 8 chapters and 80 articles, establishing a legal framework that aligns with the new requirements for high-quality development in the mining sector [8] - A new mineral resource security system is established to enhance risk prevention and ensure national mineral resource safety [9] - The law aims to improve the paid transfer system for mineral resources, defining rights related to exploration and mining, and establishing a competitive bidding process for mining rights [9] - It addresses long-standing issues related to land use in mining, ensuring that land planning considers mining needs and establishing a system for land acquisition for strategic mineral resources [9] Modern Management and Environmental Protection - The law enhances the management of mineral exploration and extraction through various systems, including a streamlined approval process and incentives for responsible mining practices [10] - It emphasizes ecological restoration in mining areas, mandating government oversight and establishing clear responsibilities for ecological rehabilitation [10] Conclusion - The revised Mineral Resources Law institutionalizes the directives from the central government regarding high-quality development in the mining sector, aiming to stabilize expectations and promote long-term benefits for the industry [11]