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1996年我国出台了第一部《中华人民共和国煤炭法》,作为煤炭行业的主体性大法,虽然之后历经三次修改,却不能解决当前煤炭资源开发与环境保护间的现实矛盾,这与当前我国生态文明建设的目标背道而驰。当前我国《煤炭法》仍存在主体法法律地位较为低下、生态环保理念缺失、法律条文过于原则化、生态责任缺乏法律强制性等问题,本文建议从以下方面修订完善,如加强《煤炭法》的法律地位,明确生态环保的立法理念,增强法条的可操作性,将环境追责制纳入《煤炭法》等。
In 1996, China promulgated the first “Coal Law of the People’s Republic of China”. As the main body of the coal industry, although it was revised three times later, it failed to solve the current contradictions between the development of coal resources and environmental protection. This is in line with the current ecological situation in our country The goal of civilization construction runs counter to the goal. At present, China’s “Coal Law” is still subject to the legal status of the main law is relatively low, the lack of ecological concept of environmental protection, the legal provisions are too principled, the lack of legal responsibility for ecological responsibility issues such as the proposed revision from the following aspects, such as strengthening the “Coal Law” Legal status, a clear concept of ecological legislation, and enhance the operability of the law, the environmental responsibility system into the “Coal Law.”