In the development of mineral resources, in order to truly realize the economic and ecological value of local mineral resources, we must establish a scientific and reasonable compensation mechanism for the development and utilization of mineral resources, construct and improve the compensation system for the development and utilization of mineral resources from the legal and institutional levels, stipulate the compensation subject, compensation object, compensation method, compensation standard and compensation fund source through legislation, and comprehensively use legal, economic and market adjustment means and measures to repair and control the regional environment damaged by the development and utilization of mineral resources. Efforts should be made to solve the conflicts between economic interests and ecological interests, personal interests and social interests, survival interests and development interests among different stakeholders in the development of energy and mineral resources, and to coordinate and balance the interests of all parties in the income distribution of mineral resources, thus forming a situation of "polluter pays, user compensates, protector compensates, injured people relieves, and affected areas develop". By establishing the compensation mechanism for the exploitation and utilization of mineral resources, the balanced and coordinated development among regions will be gradually realized, and the coordinated development of mining industry and environment, man and nature, economy and society will be realized, thus promoting the construction of a harmonious society, the realization of social equity and the sustainable development of economy in Xinjiang minority areas.

The compensation for exploitation and utilization of mineral resources should not only consider the compensation for economic value of mineral resources, but also emphasize the compensation for environmental value, fair value and development opportunity value. According to the theory of mineral resources value, the theory of resource depletion compensation and the theory of externality of mineral resources development, the compensation for mineral resources development and utilization should include: first, the compensation for economic value of resources. That is, the compensation made by resource development enterprises to the state for the loss of resource value caused by legal exploitation of resources; The second is the compensation of resource externalities. That is, the compensation made by resource development enterprises to the residents of resource areas due to environmental pollution and destruction caused by resource development; Third, the compensation for the limited development opportunities and the loss of regional development model innovation refers to the compensation given by the state to the governments and residents in resource areas for protecting resources, restricting resource development or giving up development opportunities; Fourth, the compensation for the regional development of important resources, that is, the compensation for the imbalance of regional development caused by unreasonable pricing and unequal exchange of resources when resource elements flow between regions.

6.2.2 Compensation subjects for the development and utilization of mineral resources

The subject of mineral resources compensation refers to the people or things who participate in the utilization of mineral resources and whose utilization will have an impact on their lives. Mainly includes the subject of compensation and the subject of compensation. Among them, the subject of compensation is the subject of obligation and the subject of compensation is the subject of right.

6.2.2. 1 compensation subject

The subject of compensation refers to the organization or individual who gains benefits in the process of mineral resources development and utilization. From the perspective of compensation means, the main body of mineral resources compensation includes public main body and market main body. The main body of the public includes the state, interregional governments and non-profit social organizations; Market subject refers to the micro-realization subject of mineral resources compensation, and refers to organizations or individuals directly related to mineral resources, mainly including resource development enterprises and residents in beneficiary areas.

(1) State compensation. State compensation refers to the financial allocation and subsidies given by the central government for the loss of interests and ecological construction in the development of mineral resources in western China. In order to make the eastern region develop first, the state exports a large amount of energy and mineral resources from the west to the east to support the economic construction of the region, while the west has to pay the cost of protecting the ecological environment of the mining area and resettling the residents whose interests are damaged. As the representative of the people and social interests, the state should compensate for this. The state's compensation for residents and ecological environment in mining areas is macroscopic, mainly through policy inclination, project support, financial subsidies and various incentive measures. Among them, the financial allocation given by the central government is the most direct and typical way of compensation.

(2) Compensation for areas benefiting from resource utilization. Regional compensation for resource utilization benefits refers to the special financial subsidies provided by the governments of resource-benefiting areas, which can be regarded as compensation for resource-importing areas to resource-exporting areas and compensation for upstream areas from downstream industries. Due to the long-term distortion of resource prices in China, the economically developed areas in the east obtain resources from resource sites at low prices, and then obtain high profits through processing and transformation, which is essentially a deprivation of vested interests in resource sites. Areas that have gained development opportunities due to the development and utilization of mineral resources are also beneficiaries and should be the main body of compensation. The areas benefiting from resource development, especially the central and eastern regions, should compensate the location of resources through horizontal financial transfer payments and counterpart assistance to avoid the widening gap between the east and the west caused by resource transfer between regions. By establishing a compensation mechanism for the development and utilization of mineral resources, the economically developed downstream areas will "feed back" the upstream areas. For example, when mineral resources such as oil and gas are used in the downstream area, a certain proportion of related industry taxes and fees are extracted as the source of resources compensation funds in the upstream area.

(3) Compensation for beneficiaries such as mineral development and utilization enterprises. Miners and users of mineral resources are the most direct beneficiaries of mineral resources development. On the one hand, they have obtained corresponding resource value and development opportunities by using mineral resources. On the other hand, when they exploit mineral resources, they have caused some damage to the local ecological environment without having to bear the corresponding costs and expenses, thus damaging the environmental development rights and interests of local residents. From this point of view, mining enterprises should undertake certain compensation obligations for the ecological environment in mining areas, and should pay compensation for the loss of resources and environmental value to the local government to make up for the loss of interests of the local government and residents. Generally, countries can achieve this by collecting various taxes and fees such as resource tax, environmental tax, mineral resources compensation fee and mining right use fee.

(4) Social compensation. Social compensation should refer to the beneficial relationship between non-stakeholders with ecological protection consciousness and ecological protection obligation groups through some forms of donation and fund-raising, including international and domestic organizations and individuals through material donations and donations. This kind of compensation is mainly manifested in the form of funding or assistance. The state should intensify propaganda, raise public awareness of participation, enhance awareness of the importance of ecological compensation, let the whole society care about and participate in ecological compensation, and compensate the ecological environment damage caused by mineral resources development. Compared with state compensation and resource stakeholder compensation, social compensation belongs to indirect stakeholder compensation, moral initiative and voluntary compensation. The state can encourage it through economic leverage and moral culture. State compensation and resource stakeholder compensation are compensation between direct stakeholders and should be included in the category of compulsory compensation.

The subject of compensation

The subject of compensation refers to organizations and individuals who have suffered losses or safeguarded public interests in the development and utilization of mineral resources. Mainly including the government, residents and resource exploitation enterprises.

(1) Resource-based government. While exporting a lot of resources for the national economic construction, the governments in resource-based regions should also undertake a series of problems such as local ecological restoration, economic and social development, and solving the contradiction of resource development. Therefore, in the development of mineral resources, compensation should be obtained for the loss of regional interests caused by resource development, ecological environment destruction and value transfer of resource products.

(2) Residents of resources. Residents in resource areas have a direct relationship with local resources and environment. Due to the constraints of China's mining development system and other factors, the correlation between mineral resources development and economic development in resource areas is not high, and the relationship with the interests of local residents is not close enough. The role of resource development in improving the employment and living standards of local residents has not been fully reflected. On the contrary, it has brought a series of negative effects to the residents in the resource area, such as the destruction of the living environment and the limitation of production and development, and the situation of economic backwardness and poverty in the resource area has not been fundamentally improved. Therefore, the state should compensate residents for resources.

(3) Mining enterprises. Mineral resources development enterprises improve the comprehensive utilization efficiency of resources, protect the ecological environment and slow down the speed of resource depletion in the development and utilization of mineral resources, so the state should compensate such enterprises. For example, mining enterprises adopt new technologies for development activities, which greatly improves the level of mineral resources development compared with other mining enterprises, and the state can compensate such enterprises through tax reduction or exemption.

6.2.3 Compensation scope for development and utilization of mineral resources

Mineral resources have three values: economic value, fair value and ecological value. In order to fully reflect the value of mineral resources and effectively realize the compensation rights of the public and the government for the development and utilization of mineral resources, it is necessary to clearly define the compensation scope for the development and utilization of mineral resources at the legal and institutional levels in order to fully reflect the value of mineral resources.

6.2.3. 1 Compensation for depletion of mineral resources

The compensation for depletion of mineral resources refers to the compensation for the loss of resource value caused by the continuous reduction of the quantity and value of mineral resources caused by the exploitation of mineral resources by the state and the beneficiary areas. Mineral resources are non-renewable resources. Under certain technical conditions, with the continuous development and utilization of mineral resources, the reserves of resources will gradually decrease and reach a "exhausted state", which will lead to the problem of regional sustainable development. Sustainable development requires contemporary people to meet their own needs without endangering the ability of future generations to meet their needs. Therefore, it is necessary for the state to collect a certain amount of resource compensation fees from mining enterprises for resource exploration or finding new resources, so as to maintain a stable level of resource exploitation in a longer period of time.

Fair value compensation of mineral resources in 6.2.3.2

(1) Fair value compensation based on lost development opportunities. The western region is an important resource supply region in China, but for a long time, due to the inequality of product exchange between regions in China, the contribution of resource value to the western region has not been reflected in economic development, and the phenomenon of "inequality between the rich and the poor" in the western region is very prominent. Moreover, the exploitation and utilization of mineral resources in western China has also caused the destruction and pollution of the ecological environment, which directly led to the decline of the living quality of residents in mining areas and the deterioration of the living environment. The original survival and lifestyle of the residents in the mining area were affected, and they were forced to give up some opportunities for survival and development and bear huge economic losses. Although the Constitution of People's Republic of China (PRC) stipulates that mineral resources belong to the state, residents in resource areas also have the right to rely on local resources to ensure their own survival and development, that is, the right to subsistence and development. The rights to subsistence and development are the basic human rights of China citizens. From a fair point of view, citizens in every place should enjoy the same rights of survival and development, and they should never be allowed to harm the interests of others for the benefit of some people, nor should they sacrifice the development rights and interests of other regions for the sake of economic development in some areas.

Judging from the division of labor in China's oil and gas industry, Xinjiang only acts as a provider of resource exploitation and primary processing products, and the deep processing industry is generally located in the developed areas in the central and eastern regions. Under this industrial structure, Xinjiang's oil and gas chemical industry has a single structure, short industrial chain and low added value of products. At the same time, the enterprises engaged in oil and gas development and processing in Xinjiang are all central enterprises, and it is difficult for local enterprises to enter the field of oil and gas resources development, which in essence makes local governments lose the opportunity to develop and strengthen the local economy by using the oil and gas industry. On the other hand, the development of oil and gas resources also restricts the development of other industries. The exploitation of oil and gas resources needs a lot of water, and Xinjiang itself is a region with relatively scarce water resources. With the large-scale exploitation of oil and gas resources, the demand for water is gradually increasing, which will inevitably crowd out agricultural water and other industrial water. From this point of view, the state has restricted the development of agriculture and other industries while increasing the development of oil and gas resources in Xinjiang.

Therefore, the state should compensate for the losses caused by limited or unequal development opportunities in regional resource development, so as to eliminate the contradictions and conflicts that widen the economic development gap between regions. The state should establish an industrial feedback mechanism between different industries and a horizontal financial transfer system from developed areas to backward areas, so that the governments and residents in resource-based areas can really benefit from the development and utilization of resources and realize the sustainable development of regional economy and social stability.

(2) Compensation for the loss of value of inter-regional resource transfer. The compensation for value loss of interregional transfer of resources refers to the compensation for value loss of resource products caused by unequal exchange between regions in the process of exporting mineral resources from resource areas to consumption areas. Xinjiang, as a region rich in mineral resources, has long played the role of a supplier of low-priced primary mineral resources products in the process of resource development and export, and has to pay a high price for ecological environment control, while mineral resources consumption areas have made high profits through secondary processing of mineral resources. With the export of a large number of resources, primary products and the import of finished products, Xinjiang is facing the double loss of interests, which has caused many serious economic and social problems. Mineral resources are quasi-public goods. Under the current mineral resources development system, mineral resources development has brought huge benefits to the eastern region, resulting in huge positive and external benefits, while Xinjiang has to bear the negative external costs brought about by the deterioration of the ecological environment. Xinjiang's external income is obviously less than its external income, and the loss is greater than the income, resulting in a net loss. Coupled with the deterioration of the ecological environment, mineral resources are constantly exhausted, the development of local industries is blocked, and the improvement of regional living standards is limited.

This unequal exchange of products between regions has aggravated the imbalance of economic development between regions. Therefore, the state must increase the financial transfer payment, change the imbalance of resource income distribution between regions through secondary distribution adjustment, solve the contradictions such as backward economic development, wide gap between the rich and the poor, unfair distribution of wealth, intensified social contradictions, and deterioration of the environment where resources are located, and realize regional coordinated development.

Ecological environment compensation of mineral resources in 6.2.3.3.

Eco-environmental compensation of mineral resources refers to the behavior of compensation, restoration, management and correction of losses caused by damaged mining areas by mining enterprises and beneficiary areas in order to restore ecological functions and ecological values. With the continuous export of mineral resources in Xinjiang, the ecology of resource areas has been greatly destroyed. Because mining enterprises unilaterally pursue immediate economic interests in mineral resources development activities, they cut down vegetation and discharge sewage at will, which destroys the original ecological balance of desert oasis and causes a series of ecological and environmental problems such as land desertification, air pollution and water pollution. For a long time, mining enterprises have obtained excess profits by occupying environmental resources for free or at low prices, but the plundered resources and environment have not been compensated as they should. Mining enterprises do not bear the environmental costs they should bear in resource development, but transfer the external diseconomy of ecological damage caused by development to society. It can be said that mining enterprises have gained huge economic benefits at the expense of ecological and environmental benefits in mining areas, which is obviously extremely unfair to residents where resources are located.

From the perspective of social equity, when the economic interests and ecological interests of different stakeholders conflict in the development of mineral resources, mining enterprises and beneficiary areas, as the biggest beneficiaries, should bear more responsibilities. The state establishes and improves the ecological compensation mechanism for mineral resources development, compensates areas damaged by resources and environment by collecting resources and environment taxes, and promotes the restoration and reconstruction of the ecological environment of damaged mining areas. In addition, the ecological compensation undertaken by mining enterprises should be raised to the legal level, and the relationship between economic interests and ecological interests of different subjects should be adjusted through legal means.

6.2.4 Compensation Methods for Exploitation and Utilization of Mineral Resources

Because the restoration and treatment of the damaged ecological environment often requires huge funds, it is not guaranteed to get enough ecological compensation funds only by relying on the compensation paid by mining enterprises and beneficiary areas. At this time, it is necessary to have the intervention of government forces, strengthen the ecological compensation mode of state finance, establish the interregional ecological compensation mode, and improve the market compensation mode of ecological compensation in mining areas. Finally, a multi-level and diversified compensation method will be established, which is shared by the state, local governments, society and enterprises, led by the government and supplemented by market-oriented operation.

6.2.4. 1 policy compensation

Policy compensation refers to the compensation method that countries or regions give special or preferential policies to resource areas. Policy compensation is to use system resources and policy resources to compensate, especially for Xinjiang, which is very poor in funds and weak in economy. "Giving the policy itself is a kind of compensation." Within the authorized authority, the compensated person takes advantage of the priority and preferential treatment in formulating policies to formulate a series of innovative policies to raise funds for the sustainable economic and social development of resource-based areas. For example, when adjusting the industrial structure, the state tries its best to help the western region optimize the industrial structure, and gives differential treatment and policy support according to the underdeveloped characteristics of the western region. Policy compensation should be constrained and supported by laws and regulations, especially ecological compensation, industrial compensation and regional compensation system construction.

Fund compensation

Economic compensation is the most direct and effective way of compensation. Xinjiang is an economically backward region, with a low financial self-sufficiency rate, and its ability to develop economy and carry out ecological construction on its own is still very weak. Therefore, it is necessary to establish a fund compensation mode with the government as the leading factor and the market as the supplement, so as to improve the ability of developing economy and protecting the ecological environment, and enhance its development and hematopoietic function, so as to get rid of poverty as soon as possible and realize the rapid social and economic development in Xinjiang. The forms of capital compensation include compensation, tax relief, subsidies, financial transfer payments, interest subsidies and accelerated depreciation.

6.2.4.3 project compensation

Project compensation is mainly the project investment made by the state for developing resource-based industries, increasing the income of local farmers and protecting and restoring the ecological environment. Resource land can apply for national projects to promote sustainable development and realize compensation for farmers' interests and ecological environment. For example, when arranging the layout of productive forces, the state should give priority to key deep processing projects such as petroleum and coal chemical production related to western resources, and leave the added value locally by extending the industrial chain.

6.2.4.4's intellectual and technical compensation

Intellectual and technical compensation means that the central and local governments support the comprehensive management of ecological environment and industrial development by improving the production skills, scientific and technological cultural quality and management level of the compensated people. Specifically, it includes providing intellectual services for compensators, providing free technical advice and guidance, cultivating specialized technical and management talents for compensation areas, transporting various professionals, and improving the production skills and management organization level of compensators.

6.2.5 Compensation Standard for Exploitation and Utilization of Mineral Resources

In order to realize the reasonable compensation of the value of mineral resources, we must formulate scientific and reasonable compensation standards. The effect and realization degree of compensation for exploitation and utilization of mineral resources depend on the compensation standard. If the compensation standard is too low, it is difficult to guarantee the interests of resource territories and realize the value of mineral resources; On the other hand, if the compensation standard is too high and exceeds the compensation capacity of mining enterprises and beneficiary areas, it will hinder the rational economic development of mining enterprises and resource-consuming areas. Scientific and reasonable compensation standards for mineral resources have guiding, restraining and stimulating effects on mining enterprises and beneficiary areas.

To determine the compensation standard for the development and utilization of mineral resources, it is necessary to establish a scientific evaluation system for the value of mineral resources and comprehensively use various evaluation methods to evaluate the ecological environment value of resources. At present, the main evaluation methods are income loss method, effect evaluation method and random evaluation method. In the evaluation of resources and ecological environment, we should fully consider the cost of ecological environment damage caused by resource development and the cost of development opportunity loss caused by ecological environment protection. Only by reasonably and accurately evaluating the economic value, ecological value and fair value of resources can we provide scientific basis for the compensation of resource interest loss.

At the same time, the state should comprehensively use macro-control means such as law, administration and policy, give full play to the basic role of the market in resource allocation, adjust and revise the previously formulated resource compensation standards, and straighten out the relationship between resource tax, mineral resource compensation fee, two-right use fee, mining area use fee and rent to avoid repeated collection. By raising the compensation standard of resources, more funds can be obtained for the economic development of resources and the construction of ecological environment. When formulating the compensation standard for the development and utilization of mineral resources, we can learn from the existing experience and practices abroad and make adjustments in combination with the actual situation in China. Of course, the formulation of mineral resources compensation standards should also be combined with local standards and industry standards, so as to ensure that resource and environmental compensation can be better implemented from all levels and regions.

6.2.6 Sources and financing methods of mineral resources compensation funds

Whether the compensation for resource development and utilization can be implemented depends on whether the compensation funds can be put in place in time. The compensation funds for resource development and utilization mainly come from the national fiscal revenue. Due to the limited fiscal revenue and wide use, it is difficult to ensure that there are enough funds to compensate the location of resources. Therefore, it is necessary to broaden the sources and channels of compensation funds, realize the diversification of compensation funds, and ensure their earmarking. The sources of compensation funds mainly include: financial transfer payment, special construction funds, resource taxes and fees, compensation deposit, compensation fund, bank credit and donations.

6.2.6. 1 financial transfer payment

Financial transfer payment includes vertical financial transfer payment and horizontal financial transfer payment. Vertical financial transfer payment refers to the regular financial transfer payment from the central government to the local or local higher-level government to the lower-level government. Horizontal financial transfer payment, that is, the financial transfer payment of local governments at the same level. Financial transfer payment is the most important means of government compensation, which has the advantages of stable source of funds, easy start-up and quick effect. The state should fully consider the cost difference of public service expenditure in resource areas and gradually increase financial transfer payments to resource areas.

6.2.6.2 resource taxes and fees

The resource taxes and fees involved in the compensation for the development and utilization of mineral resources in China mainly include resource tax, resource compensation fee, exploration and mining right use fee and price. Mineral resources compensation fee and mineral resources tax are the most important sources of funds for resource and environment compensation in resource areas. However, due to the low current resource tax and resource compensation rate, the economic compensation and ecological compensation for resource development and utilization are insufficient. Therefore, the state should raise the standards of resource tax and resource compensation, and spend more money on ecological environment construction and economic and social development in mining areas. In addition, in view of the disadvantages of the current resource tax and fee system, the state can consider adding new taxes such as environmental tax and resource consumption tax. The state should levy taxes on consumers of primary products of mineral resources and let them bear part of the loss of resources as beneficiaries of mineral resources utilization. The state should levy environmental taxes on mining enterprises and places that consume primary products of resources as compensation funds for the restoration and construction of ecological environment value.

Eco-environmental Compensation in 6.2.6.3

Eco-environmental compensation is an important measure for the government to promote pollution control and improve the environment by economic means, which is widely used in developed countries. At present, China is mainly levied by the environmental protection department in the form of sewage charges. The earliest eco-environmental compensation fee in China was implemented in 1983, and the eco-environmental damage recovery fee such as covering vegetation was levied on phosphate mining in Yunnan. 1993, China identified 18 cities and counties in 4 provinces as the pilot of collecting ecological environment compensation fees. However, in 2002, when the state cleaned up and rectified the arbitrary charges, the charges were cancelled and the pilot work in various places basically stopped. In recent years, Shanxi and other places have resumed the collection of ecological environment compensation fees, with obvious results. Similar fees have been levied in other regions. The collection of ecological compensation fees has played an important role in the protection and construction of ecological environment. It is suggested that the state take Xinjiang as the pilot of ecological compensation fee, and levy ecological compensation fee in the development of mineral resources such as oil, natural gas and coal for the construction and restoration of local ecological environment.

6.2.6.4 Ecological Environment Protection Fund

Through foreign cooperation and exchanges, we will actively seek various forms of funding or assistance from developed countries and various non-governmental organizations and individuals at home and abroad. We can also raise funds from the society by issuing ecological welfare lottery tickets and environmental protection bonds, and establish an ecological environmental protection fund for mineral resources development to make up for the lack of ecological compensation funds for mineral resources development by the state.

6.2.6.5 Aid Xinjiang Fund

At present, the compensation system for stakeholders in mineral resources development is not perfect, and the compensation mechanism for damaged areas in resource-benefiting areas has not been fully established. The compensation for the development and utilization of mineral resources is mainly paid by the central government, which obviously does not conform to the principle of "beneficiary pays". Developed areas in central and eastern China should adjust the interest relationship between beneficiaries and victims by providing aid funds to resource exporting areas, change the existing distribution pattern of mineral resources interests, and realize a win-win pattern of * * * using resources and * * * common development.

6.2.6.6 Finance and Credit Co.

From the international experience, international financial organizations are the promoters of ecological compensation mechanisms in many countries. Using the strength of domestic and foreign policy banks to provide small loans in the form of low-interest or interest-free loans to behaviors and activities beneficial to the ecological environment can raise the start-up funds for ecological environment construction and accelerate the process of ecological compensation. As a means of environmental management, financial credit should be strengthened, and more and more international financial institutions are making efforts in this regard. The World Bank, the Asian Development Bank, the Export-Import Bank of the United States and the European Union have all incorporated environmental factors into loan, investment and risk assessment procedures.

Social donation in 6.2.6.7

Donations include not only international financial assistance and direct financial assistance provided by domestic individuals, companies, associations, groups and foundations, but also restoration technical assistance provided by international and domestic groups or individuals. Donation is a compensation method often used by international environmental NGOs. On the one hand, Xinjiang should actively strive for the Global Environment Fund, and official international organizations such as the United Nations Environment Programme, the World Bank and the Asian Development Bank will directly compensate the regions or groups whose resources have been compensated; On the other hand, actively encourage enterprises to donate. By deepening the reform of enterprise financial system, we can realize the transformation of corporate social responsibility management from quantity control to quality control, and guide enterprises to serve the economic development of resource-based areas. At the same time, individuals, non-governmental organizations, environmental protection organizations and intermediary organizations are widely mobilized to pay attention to the construction of resources and environment compensation mechanism.