关键词: 矿区, 生态损害, 生态修复责任主体, 行为责任, 状态责任, 公法责任

Abstract: The structural defects like complexity of causality in behavioral liability makes it difficult to timely determine the subject of liability in response to the ecological environment damage in the mining area. As a result, the ecological restoration of the mining area is in a state of stagnation for a long time. The state liability can effectively make up for the deficiency of the behavior liability, and the person in actual charge of the work can start the ecological restoration in time to restore the reuse of the mining resources. In the revision of the Mineral Resources Law,the liability for the ecological restoration in the mining area should be confirmed to ensure timely and effective restoration, and to ensure reasonable allocation of the ecological damage cost of the mining area. Cause behavior, management of property, public trust and non-profit protection comprise ecological environment protection obligations in the abandoned mining areas. The Mineral Resources Law should establish a multiparty liability mechanism for ecological restoration of mining areas with mining rights holders bearing the first state liability for restoration,perpetrators taking behavioral liability for the final compensation and the government assuming public law liability for comprehensive environmental governance. At the same time, the third parties should be encouraged to participate in the ecological restoration of abandoned mines.

Key words: mining areas, ecological damage, reliability subject of ecological restoration, behavior liability, state liability, public law liability