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环境资源利用低效,源于产权界定不清而置于公共领域。矿业环境相邻关系的界定是相应环境产权私人化的途径。由矿业环境相邻权与矿业成员环境权双向对接组成的环境相邻关系,通过法律来约束矿山企业的环境相邻权和激励相邻对方的成员环境权而共同保护矿业环境。矿山企业一方给相邻对方合理施加容忍义务,相邻对方应当容忍非实质性的或当地通行的影响。成员环境权的保护,是基于物权而行使消除危险、排除妨害和恢复原状的请求权,基于债权而行使侵害赔偿请求权。矿业立法应重点设置矿业环境相邻关系制度。
Inefficient utilization of environmental resources, from the unclear definition of property rights and placed in the public domain. The definition of the adjacent relationship of mining environment is the way of privatization of the corresponding environmental property. The environment adjacency formed by bidirectional connection between the neighboring rights of the mining environment and the environmental rights of the mining members protects the mining environment jointly by laws that restrict the environmental rights of the mining enterprises and encourage the environmental rights of the members of the neighboring parties. It is reasonable for one side of the mining enterprise to impose a tolerant obligation on the other side’s neighbors and the adjacent counterparts should tolerate the effects of non-substantive or local access. The protection of the members’ environmental rights is based on the exercise of the right to claim elimination of danger, removal of obstruction and restoration of the status quo on the basis of the property right, and the exercise of the right to claim compensation against claims. Mining legislation should focus on the establishment of the mining environment of the adjacent relationship system.