I. General situation of resources and present situation of development and utilization
Zhumadian is a region rich in mineral resources. There are all kinds of energy, metal and nonmetallic minerals in the western mountainous areas, especially nonmetallic minerals, which are widely distributed, have large reserves and are easy to mine. The eastern plain mainly has brick clay, river sand and other mineral resources. At present, 53 kinds of minerals have been discovered in the city, and there are more than 20 kinds of proven reserves.
During the Tenth Five-Year Plan period, the economy of our city developed rapidly. Especially in recent years, as a national demonstration zone of East-West cooperation for township enterprises, the development and utilization of mineral resources in our city has gradually formed a new pattern from multi-type, large-scale and high-efficiency mining and processing in the past. In 2000, there were 603 mining enterprises in our city, and the output value of mining and processing was 65.438+0.9 billion. In 2005, there were 3 10 mining enterprises in our city, and the output value of mining and processing was 2.7 billion. With the deepening of rectifying the mining order, in recent years, our city has banned a number of mining enterprises that do not meet the conditions for obtaining licenses, illegally exploit, destroy and waste resources, and fail to meet the standards for safe production. By increasing the intensity of resource integration, Biyang iron mine area has been integrated from 34 small iron mines to 4; Through the integration of resources, Queshan County solved the unreasonable mine layout of 146, from the original 308 to the present 162, and the level of mineral resources development and utilization was further improved. However, the order of mineral resources development in some places has been repeated from time to time, and illegal activities such as unlicensed mining, cross-border mining, mining instead of exploration, and indiscriminate mining and excavation have been repeatedly prohibited. Outstanding problems such as insufficient reserve resources of important minerals, unreasonable mine layout, extensive management, waste of resources, environmental damage and safety production accidents have not been fundamentally solved.
Second, deep-seated problems.
1. Mining management methods are backward.
Illegal mining in our city has been repeatedly banned, mainly due to the planned economic system and passive management thinking mode, and the corresponding countermeasures to eradicate illegal mining have not kept up. In recent years, although governments at all levels and departments of land and resources have adopted a high-pressure situation, it is difficult to get out of the vicious circle of rectification-rebound-rectification-rebound due to some defects in mining administration. As long as the dual-track mining right system coexists, there will be the problem that those who get paid will try their best to cross the border. At present, a prominent problem is the weak management of exploration rights in mining administration, and some individual and private enterprises engage in illegal mining activities under the guise of exploration. Some exploration rights holders illegally exploit mineral resources with exploration licenses, and laws and regulations stipulate that exploration licenses are obtained through registration, so the entry threshold is low. However, this provision encouraging risk exploration has been used by some opportunists. After they entered the exploration field from a low threshold, they took the exploration certificate for illegal mining. In the face of illegal mining under the new situation, it is difficult for the law enforcement methods that have been consistently implemented for many years to keep pace with the times. Law enforcement and supervision personnel of land and resources are faced with problems such as numerous jurisdictions, limited manpower, limited funds, shortage of means of transportation and backward technical means, which will inevitably lead to gaps in the development and management of mineral resources.
2. The legal system is not perfect
There is a phenomenon in all parts of our country. If someone steals from others, they will be punished by law as long as they are caught. However, if someone illegally exploits mineral resources such as sand mining, stone, coal, etc., and is found to be fined, few people are sentenced unless the scale is huge and the harm is extremely great. The reason is that the legislative work in China lags behind. The Mineral Resources Law of People's Republic of China (PRC), like other professional laws, has been criticized as a "soft law", and the imperfect legal system has led to a weak crackdown, giving criminals an opportunity. City (county) grassroots have no right to identify the illegal amount, which makes it difficult to identify. According to the regulations, the illegal exploitation of coal mines with a value of more than 50 thousand yuan can be finally determined, and only qualified departments in provinces and autonomous regions can evaluate them. Due to limited funds, it is difficult for the local government to invite them to evaluate frequently. Even if the evaluation results come out, the illegal mine owners have already escaped. The Administrative Punishment Law of the People's Republic of China only gives the land and resources management department the right to register and preserve illegal mining tools and mineral products. It is conceivable that the land and resources management department without confiscation power can play a great deterrent role to criminals who are rampant, cunning and even violent against the law.
The source is not controlled, and the resultant force has not yet formed.
Illegal mining can not be separated from two channels: first, initiating explosive device; The second is to sell mineral products. At present, there is insufficient supervision over the supply and use of explosives and detonators. Some of the initiating explosive devices in unlicensed mines come from licensed mines and some from illegal channels. Because there are many sources, the relevant power departments are negligent in inspection and supervision, giving criminals an opportunity. At the same time, in practice, the quasi-transportation is not strictly controlled, the quasi-transportation inspection is not strict, and the quasi-transportation certificate is illegally resold, especially in the case that all power plants, coking plants, smelters and construction units are purchased, which leads to the unimpeded flow of unlicensed mineral products. Banning and cracking down on illegal mining involves land and resources, coal, safety supervision, industry and commerce and other departments. In their work, they often pass the buck, each with its own tone, lack of close cooperation, and have not formed a joint force of joint law enforcement.
4. The legal publicity work is not in place.
For a long time, many people don't know that mining licenses and exploration licenses must be handled according to law for sand digging, earth borrowing, stone digging, gold panning, coal mining and prospecting because they don't pay attention to the publicity of mineral resources laws and regulations. It is inevitable that people will mistakenly think that underground resources are their own. This makes people intentionally or unintentionally illegal mining. The reason is that legal publicity and education have not kept up. In reality, many local grassroots cadres and masses, mining area residents and local villagers have a weak legal awareness of mineral resources. Many township cadres and villagers mistakenly believe that land is collectively owned, and it is natural to exploit mineral resources within the scope of collective land.
Third, countermeasures.
1. Reducing the total number of mines is the fundamental solution.
In the 1980s, influenced by the idea of "water flows quickly", there were more than 2,000 small iron mines and small stone factories in our city. These mining enterprises are small in scale and scattered in layout, which pose a considerable threat to safety production: first, due to the small scale of mines, low safety investment and congenital shortage of safety production conditions; Secondly, due to the chaotic layout of the mine, it has entered the residual mining period, and there are over-exploitation and looting of resources to varying degrees, which not only wastes mineral resources, but also lays a curse for safe production. To solve this problem, the fundamental way is to "reduce the quantity and reduce the weight" and reduce the "dangerous source" of mine safety accidents. In recent years, the city has taken the measures of "closing, stopping, retreating and merging" for mining enterprises from reality, vigorously shut down wells to reduce production and promote the scale of mines. "Closing" means stepping up the efforts to close wells, and all mines with substandard safety production conditions, incomplete licenses and cross-layer and cross-border mining will be closed and banned. "Stop" means stop when it expires, and all mines with expired mining rights will not be postponed and will be forced to close. "Retirement" refers to paid withdrawal. For mines whose mining rights have not expired, but are already in residual mining, early retirement is encouraged and the government gives some compensation. "Combination" is to promote mine integration. On the basis of "closing, stopping and withdrawing", unified planning should be made for the areas where mines are relatively concentrated, and the mines should be put on the market in different regions, and public bidding should be held to attract people with financial strength and social responsibility to run mines exclusively. After several years of efforts, the number of mining enterprises in our city has been reduced from more than 2,000 to 339. Practice has proved that this is not only conducive to improving the exploitation rate of resources, but also conducive to safe production and supervision.
2. Curbing mining profiteering is a "radical" move.
In recent years, due to the skyrocketing price of mineral products, mine operators are in great demand, especially some mine owners, driven by high profits, only pay attention to production, do not talk about safety, and even take risks, resulting in serious super-capacity production and illegal production, resulting in a large number of security risks. Huge profits are the direct "inducement" that leads to the disorder of mining industry, and also the main cause of potential safety hazards. Therefore, it is necessary to start with restraining mining profiteering, increase the cost of running mines and raise the threshold of running mines. First, intensify the implementation of paid mining. At present, in many parts of our country, although the newly opened mine resources have been put into market operation, the original mines have been agreed to be sold. This "dual track system" must be abolished as soon as possible. Both new mines and existing mines should be put into market-oriented operation and paid mining should be implemented. The second is to increase mining tax revenue. In recent years, most mining enterprises are founded by individuals. In order to avoid taxes, their output and operating income are not recorded at all or are recorded in false accounts, which makes it difficult to collect taxes such as value-added tax, resource tax and personal income tax in full. In this regard, we must adhere to a multi-pronged approach and improve the collection methods and means. At present, the city has established a mine tax joint management team composed of tax, electric power, public security and other related units, and regularly calculates its output according to the mine electricity consumption and the amount of initiating explosive devices as the basis of taxable income, which improves the scientific nature of tax collection and avoids tax evasion to some extent. At the same time, explore the establishment of all-weather monitoring of mine production, improve the accuracy of mine output measurement, and ensure that all taxes should be collected. The third is to increase the compensation for mine safety accidents. For mine accidents, strictly abide by the high limit of Henan Province's death compensation regulations and impose heavy penalties, so that mine owners really feel that they can't afford to die, forcing them to strengthen their safety awareness. The fourth is to increase the collection of "two gold" in mines. Compulsory investment in safety production. Fifth, increase the participation of mining enterprises in industrial injury insurance. It is mandatory for mining enterprises to participate in industrial injury insurance, and it will be promoted by stages and batches, especially for underground workers with low safety factors such as miners, blasting workers and transporters, so as to effectively safeguard the interests of employees in mining enterprises.
3. Strengthening professional supervision is an inherent need.
The particularity and high risk of mine production objectively determine the professionalism of its production operation and safety supervision, but at present, mine employees and supervision teams are far from meeting this requirement. As far as employees are concerned, the overall quality is low, the managers don't understand the rules, and the miners have not received professional safety training, which leads to their reckless and illegal operations. From the perspective of the supervision team, the lack of professional knowledge and skills directly affects the supervision efficiency and level of mine safety production. Therefore, in recent years, while paying close attention to the safety training of mine managers, special operators and miners, our city has highlighted the professional supervision of mine safety. First, the establishment of expert consultation system, regular inspection and investigation of hidden dangers of mining enterprises, put forward rectification measures, and put them in place within a time limit, effectively improving the political level of hidden dangers investigation of mining enterprises. The second is to implement the appointment system of safety mine managers, openly recruit competent and experienced professional mine managers for the society, and assign them to iron mines as safety mine managers and safety directors respectively, specifically responsible for the daily safety production management of iron mines, strictly implement the downhole system, effectively strengthen the dynamic management and monitoring of iron ore production sites, and eliminate hidden dangers in time. These appointed personnel are managed by the competent department of the industry in a unified way, linked with performance and rewards, fully grasp the mine resources, conduct regular flood detection and roof caving prevention according to the mining progress, and improve the level of accident prevention; The second is to set up a professional emergency rescue team, and deploy capable personnel from corresponding departments to form a special mine accident emergency rescue team to conduct professional training and implement semi-military management.
4. Insisting on managing mines according to law is an effective way.
Managing mines according to law is an objective requirement to standardize mine order and ensure long-term stability of mines, and it is also a trend to accelerate the standardized, orderly and healthy development of mining industry. To promote the management of mines according to law, we must first clarify the responsibilities and strictly investigate them. While strengthening the main responsibility of safety production in mining enterprises, in accordance with the principle of "centralized management and unified power and responsibility", we will further rationalize the functions and responsibilities of safety supervision in safety supervision, coal and iron ore industry departments and towns, put an end to the phenomenon of wrangling and "constraints", establish a "horizontal to the edge, vertical to the end" responsibility implementation system, increase accountability, seriously investigate and deal with all kinds of inappropriate behaviors, and ensure the benign operation of the mine supervision system. Secondly, we should do a good job in the implementation of mine safety production regulations. Focusing on promoting the standardized management of mine safety and quality, we will conscientiously implement a series of mine safety production laws and regulations such as the Mineral Resources Law of People's Republic of China (PRC), the Mine Safety Law of People's Republic of China (PRC) and the Safety Production Law of People's Republic of China (PRC). All mining enterprises that let go of production should be rectified in accordance with the safety production standards, and dynamic supervision should be strengthened, and the security inspection department, industry management department and township "three meetings" should be established. Third, we must persist in cracking down on unlicensed illegal mining for a long time. Affected by huge mining profits, illegal mining without a license is difficult to ban. In this regard, it is necessary to intensify the crackdown and establish a multi-level uninterrupted inspection mechanism. If one is found, one will be banned. Fourth, we must resolutely rectify "mining corruption." In recent years, "collusion between government and mines" has become one of the main factors that hinder the management of mines according to law. Therefore, the management of mines must first treat people. While imposing heavy penalties on illegal mine owners, we should strengthen the clean government education for party and government cadres, especially the staff of mining-related departments, and enhance their awareness of honesty and self-discipline through positive guidance and negative warning. At the same time, we will deepen the governance of "collusion between government and mine", thoroughly clean up and investigate all kinds of hidden ways to participate in mines, destroy the "umbrella" of illegal mine owners, and remove the "stumbling block" in mine safety governance.
(1) We will continue to rectify the management order of mineral resources according to law, resolutely crack down on and severely punish all kinds of illegal activities in the exploration and development of mineral resources, further strengthen the regular supervision and management of mineral resources, maintain the normal order of mineral exploration and development, and promote the sustainable development of mineral resources.
(2) We should further deepen the reform and take effective measures to gradually solve the problems of too many mines, backward exploration and mining technology and unreasonable layout. Land and resources management departments should strengthen the planning and management of mineral resources, effectively regulate the mining industrial structure, the total amount of mineral resources development and the layout of mines, and solve the problem of large mines and small mines. Strictly manage the examination and approval of mining rights, gradually strengthen the qualification management of mining enterprises, and raise the threshold for enterprises to enter the mining industry.
(3) Gradually implement classified management of mineral resources. Starting from the different importance of national economic construction and according to the characteristics of different mineral resources, different dynamic management methods, management contents and management procedures are implemented to effectively strengthen the effective management of various mineral resources. Especially for scattered minerals, under the condition of not damaging the environment and ensuring safe production, simplify the certification procedures, make rational use of resources, and avoid unlicensed mining caused by cumbersome and demanding certification procedures.
(4) Adhere to the principle of separating public welfare geological survey from commercial geological work, and improve the new mechanism of mineral resources exploration. Strengthen the public geological survey, actively provide basic and public geological survey information socialization services, reduce the natural risks of commercial mineral exploration, and guide the development of commercial mineral exploration. It is necessary to intensify efforts to cultivate and standardize the market for exploration and mining rights, and establish a new mechanism for optimal allocation of mineral resources that combines government management with market operation. Mineral resources are owned by the state, and mining should be paid. It is necessary to change the practice of enterprises to obtain mining rights free of charge by means of administrative examination and approval and allocation. Through the evaluation of mineral resources, we will establish and improve a fair, just, open and standardized market for exploration and mining rights, and give equal treatment to different investors in obtaining exploration and mining rights by means of public bidding and auction. On the one hand, it will reflect the state ownership of mineral resources, on the other hand, it will safeguard the legitimate rights and interests of exploration and mining rights holders.
(5) Carry out the system of paid use of mining rights and solve the problem of coexistence of dual-track mining rights as soon as possible. In our country, the administrative allocation grants the mining right free of charge, while the market transfers the mining right with compensation, which is not only the income gap and unfairness, but also the problems of mineral resources development order, such as super-layer cross-border, illegal transfer and collusion between government and coal. Therefore, governments at all levels should attach great importance to the bidding, auction and listing of mining rights and realize the fundamental transformation of the government's management mode of mineral resources as soon as possible. Paid acquisition of mining rights can enhance the self-protection consciousness of mining rights holders and help mobilize their enthusiasm for maintaining the normal order of mineral resources development.
(6) Check and block regulatory loopholes from the source and intensify efforts to crack down on illegal mining. First, it is necessary to strictly control the quasi-transportation, cut off the sales channels of illegal miners, and let their illegally mined mineral products have nowhere to sell and no profit; Strictly investigate the reselling of transportation permits, and bring business owners and individuals who illegally purchase mineral products to justice. Second, strictly control the supply and use of initiating explosive devices, especially severely investigate and deal with the purchase and use of initiating explosive devices through illegal channels, and severely investigate and deal with the mining right holders who provide initiating explosive devices to illegal miners according to law. All localities should grasp the typical examples, expose them publicly and strike hard. Especially in remote areas with inconvenient transportation, it is necessary to strengthen countermeasures and not give any opportunity for illegal exploitation. At the same time, it is necessary to increase the amount and intensity of capital investment in destroying and sealing wells, increase the difficulty and cost of illegal mining, and make it unable to do so. The mineral resources 1 10 emergency period can also be established.
(seven) the full implementation of dynamic law enforcement inspection responsibility system, give full play to the overall linkage function of comprehensive law enforcement. Practice has proved that the implementation of the dynamic law enforcement inspection system of mineral resources can find and stop illegal activities in time, nip in the bud, and it is an important measure to prevent illegal exploitation from the source. Dynamic patrol is very effective to prevent and put an end to guerrilla indiscriminate mining and illegal mining in special areas. To crack down on illegal mining, the government should take the lead, give full play to the overall functions of the departments of land and resources comprehensive law enforcement, courts, supervision, discipline inspection and supervision, and actively strive for the joint efforts of all forces. It is necessary to seriously investigate the responsibility of the illegal parties, and if the circumstances are serious, the judicial organs shall investigate their criminal responsibility. To crack down on illegal mining, it is necessary to clarify functions and responsibilities, so that there is both division of labor and cooperation. More importantly, it is necessary to strengthen comprehensive law enforcement to prevent illegal miners from escaping the net.
(eight) to speed up the revision and improvement of mineral resources laws and regulations, and establish a long-term supervision mechanism for mineral resources exploration and development. The ultimate goal is to achieve scientific, rational and sustainable development, and the means to achieve this goal must be improved and strengthened from the legal system and mechanism to plug the regulatory loopholes. In the future, the revision of the Mineral Resources Law of People's Republic of China (PRC) should make a major breakthrough in the investigation of legal responsibilities, making it more operational and powerful.