矿地复垦执行保证金的法治化问题研究

矿地复垦的市场调控失灵导致负外部性经济效果,政府命令与控制型因信息和寻租而同样失灵;保证金是弥补两个失灵时基于市场的政策工具,但要与矿地复垦协议共同使用。保证金的功能是担保矿地复垦合同的履行。复垦合同属行政管理中相对人自愿诺成行为,具有行政与民事的双重属性。行政机关的优益权和矿地验收决定等引起的争议属行政纠纷,救济要平衡合同主体双方,矿山利益和公共利益都要保护。这一切都要依靠理论研究、体制改革、培育中介机构等系列基础工程。

The Rule by Law-Rization Problem Carrying out Caution Money Studies the Ore Field Reclamation

Field reclamation marketplace regulates and controls an ore being out of order because of information and look for a rent but same dysfunction leading to the type shouldering outside economic results, government order and eontrolfing; Caution money is the policy instrument making up the marketplace - based when two being out of order, is going to be put into use commonly with ore field reclamation agreement but. The caution money function is to guarantee that the ore field restores fulfilling reclaiming a contract. The promise reclamation contract category administration is managed being hit by the relative people volunteering becomes behavior, has administration and civil double attribute. The dispute that administrative organ excellent benefit right and ore field acceptance cheek decision etc. arouses belongs to the administration dispute, both the benefit relieving need to weigh and consider contract main body both sides, the mine in order to uphold justice and common benefit need to protect. All these need to depend on theory to study, experiences and observes.