Functional integration and legal interest equity: Concept enlightenment from American mining land reclamation legislation
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D922.3

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    Abstract:

    China's land reclamation and American mining land reclamation basically converge on the purpose and mode of behavior, and there is also certain interworking and generality in their respective reclamation concept. American mining land reclamation legislation highlights an ecological equity reclamation concept that subsumes the equilibration of natural environmental factors and the adaptation of humanistic environment interests. We can learn from its useful experience and try to clarify the perfect route of norms of China's land reclamation legislation in the orientation of reclamation concept. We should promote the equilibration functional integration of China's overall ecological benefit norms and local environmental element norms based on the equilibration concept of natural environmental factors, and we should promote adaptation legal interest equity of China's social public interest norms and individual citizen interest norms based on the adaptation concept of humanistic environment interests.

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赵谦,毛屏楠.功能整合与法益衡平:美国矿区土地复垦立法的理念启示[J].重庆大学学报社会科学版,2021,27(3):122~133

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  • Online: June 09,2021
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