Governing the country according to law provides a historic new opportunity for the development of the mining industry.
Release time:
2015-04-16
Source:
The “Decision of the CPC Central Committee on Comprehensively Promoting the Rule of Law,” adopted at the Fourth Plenary Session of the 18th Party Congress, has laid out an ambitious blueprint for China’s comprehensive advancement of the rule of law and holds milestone significance for the building of a country governed by the rule of law. For the mining economy and mine management, the country has recently revised and— 2014 Year 12 Moon 1 the "Work Safety Law of the People's Republic of China" implemented on [date] and 2015 Year 1 Moon 1 The “Environmental Protection Law” implemented on [date] (hereinafter referred to as the “New [Law]”) “ Two Laws ” ), providing a historic new opportunity for the development of the mining industry.
First, from a macro perspective of the mining industry, implementing the rule of law in the country means governing mines and maintaining public security according to law. The rule of law at the national level provides a new social environment for governing mines and maintaining public security according to law. Governing mines and maintaining public security according to law represent concrete practices of the rule of law at the national level, which help purify the external environment for mining development, break free from current developmental difficulties, assume greater social responsibilities, and promote a new leap forward in the mining industry.
For a long time, our country has formulated a series of laws and policies aimed at protecting and promoting the development of the mining industry. However, due to factors such as a weak awareness of the rule of law (rather than merely the legal system) among some members of the public, as well as inadequate or absent oversight in local mining administration, these laws and policies have, to a large extent, failed to fully play their intended role. For instance, around some large-scale mining areas, illegal resource extraction activities have persisted for years. Despite repeated efforts at rectification and regulation, the results have been minimal, seriously disrupting the legitimate mining operators in terms of production, safety management, and long-term development. Moreover, the unfavorable mining environment has significantly hindered the mining industry’s progress toward greater concentration. Many mining companies have even abandoned mergers and acquisitions of high-quality resources precisely because of concerns about the social security conditions in certain new mining areas and target regions. In fact, over the past several years, many mines have expended considerable energy, financial resources, and material assets on managing social relations within mining areas. Nevertheless, we remain confident that, as long as we adhere to the principle of governing the country according to law and enhance the efficiency and quality of law enforcement, we will surely be able to eliminate these persistent problems in mining areas. “ Tumor ” To provide a clean and upright development environment for the growth of the mining industry economy.
Meanwhile, new “ Two Laws ” The promulgation and implementation of [this] will promote the overall technological level of the mining industry by ensuring that mining operations and public security are governed by law. “ To force by pressure ” effect. For example, after years of publicity and implementation, safety and environmental protection awareness has become deeply ingrained in people’s minds thanks to the old “Work Safety Law” and other relevant regulations and rules. Meanwhile, through years of technological upgrades and the adoption of new equipment and processes, China’s mining industry as a whole has seen improvements in its overall safety and environmental protection conditions, and management levels have been greatly enhanced. However, at present, some mining enterprises—especially small-scale and individually-owned mines—still lag behind in terms of technical capabilities, safety management, and environmental protection concepts. As a result, numerous safety and environmental hazards remain. This underscores the need for us to act in accordance with the new... “ Two Laws ” In response to these requirements, we must put an end to these illegal and non-compliant practices. As a result, new technical, safety, and environmental management standards and requirements will be imposed on mines, encouraging them to enhance resource recovery rates, improve safety management, and elevate their environmental protection capabilities through technological innovation and upgrades.
On the other hand, “ Governing the country according to law ” New requirements have been put forward for the relevant authorities to introduce new regulations and policies aimed at protecting and promoting the development of mining resources. In recent years, the mining industry—including the gold mining sector—has submitted various requests to the relevant national authorities, covering such areas as the strategic status of gold, reforms in the mineral rights market, entry barriers for the industry, and reforms to taxes and fees related to gold resource exploration and extraction. Some of these requests have yet to receive a response at the institutional and policy level. In the new... “ Governing the country according to law ” In the environment, these demands will receive timely and clear responses. Although it cannot be guaranteed that all demands will be met with satisfactory answers, as the country continues to enhance the efficiency and quality of its legislation, law enforcement, and judicial processes, this will undoubtedly boost the development of all mining industries—including the gold industry.
The entities responsible for governing mines and maintaining public security according to law are the legislative and administrative authorities at all levels. Mining enterprises need to actively participate. Ultimately, mining enterprises themselves will be the beneficiaries of governing mines and maintaining public security according to law.
From the perspective of mining enterprises, implementing the rule of law at the enterprise level means governing enterprises and maintaining public order in accordance with the law. Governing enterprises and maintaining public order according to the law is also a concrete practice of the rule of law at the national level. It helps purify the internal environment for the development of the mining industry and promotes the safety management level and harmonious development of mining enterprises to a new stage.
First, it will help mining enterprises establish and implement advanced corporate governance structures. A series of specific economic regulations, including the Company Law—the crucial component of the national legal system—will be further refined and effectively implemented. Currently, many mining enterprises, especially those operating under mixed ownership models, have yet to establish modern corporate governance structures, leaving them exposed to numerous management risks. Although some large mining groups have already established relatively complete corporate governance frameworks, with well-established and widely adopted organizational structures such as boards of directors, management teams, and supervisory boards, the problem lies in the fact that, in certain group companies, these institutional bodies are not functioning according to the procedures stipulated in the company’s articles of association, leading to flawed decision-making, the proliferation of corruption, and organizational dysfunction. “ Fighting ” There are numerous instances of inefficiency and security management systems that exist only in name. Therefore, these problems must be addressed through law-based mine management and law-based public security measures. As the concept of the rule of law continues to deepen, we must manage and operate enterprises in strict accordance with the law, following... “ Rules ” Operating according to established procedures will become deeply ingrained in people’s subconscious minds and ultimately manifest as excellent professional ethics. Building a corporate governance structure in accordance with the law and ensuring its lawful operation will serve as the first line of defense for mining enterprises in strengthening their internal control mechanisms and preventing safety risks.
Second, it helps mining enterprises establish and improve a sound system of safety production management regulations, particularly by ensuring that these regulations are effectively implemented and thereby providing a guarantee for the healthy operation of mining enterprises.
Failure to implement systems is tantamount to having none at all. The rule of law emphasizes the enforcement and implementation of legal systems. Currently, many mining enterprises have established relatively comprehensive safety production management systems in accordance with the Law on Work Safety and their articles of association, achieving high coverage rates and essentially institutionalizing safety management. However, the actual implementation of these safety production systems in many mining enterprises remains seriously inadequate, leaving numerous loopholes in safety management—especially in key areas that are sensitive for employees, such as cadre management, project bidding, raw material procurement, and asset auctions. In these areas, many systems have become mere formalities, with violations and disciplinary infractions going unaddressed and unchecked. As a result, the entire safety production system in these mining enterprises has lost credibility, ultimately leading to a lack of employee compliance and turning the systems into empty documents hanging on the wall—without any real binding force or practical significance. Therefore, it can be said that these mining enterprises have only achieved superficial institutionalization but have not truly achieved standardization. This situation gives rise to considerable arbitrariness in corporate safety management and undermines the cohesion and innovative capacity of the entire mining enterprise. To truly internalize the concept of the rule of law into the subconscious of enterprise employees, transforming it into a habitual practice of consciously complying with rules and regulations, and ensuring that safety production regulatory authorities earnestly fulfill their supervisory and management responsibilities—this is the path forward.
Moreover, this will help safeguard the legitimate rights and interests of employees of mining companies and mining enterprises, and promote stability within the workforce as well as the harmonious and sustainable development of mining enterprises.
To be实事求是, after years of deepening reform—especially the reform of the three major systems—the national laws and regulations such as the "Law on Work Safety," the "Resource Law," and the "Labor Law" have been effectively implemented in the gold mining industry. However, the problem is that the rules and regulations currently formulated by some mining enterprises clearly violate the provisions of these national laws and regulations. For example, some employers fail to sign labor contracts with their employees, the working conditions for workers remain unchanged, and workers’ rights to health and to voice their demands are blatantly ignored, thus leaving workers’ basic rights and interests inadequately protected. Moreover, there are also cases where workers harm the legitimate rights and interests of the company—for instance, some employees sell off important commercial secrets such as the company’s geological resource data; others collude internally and externally to steal corporate assets; and still others unreasonably demand that the company provide additional financial compensation. …… All of these issues have severely impacted the normal production, operations, and management of mining enterprises, creating numerous hidden dangers to safe production. It is hoped that governing mines and maintaining public order according to law will fundamentally eliminate these phenomena.
Finally, governing mines and maintaining public order according to law is beneficial to the mining industry. “ Group development ” Whether it’s a loosely structured development model or a closely knit, collaborative approach, both require reaching multi-faceted, multi-level collaboration agreements and formulating new... “ Game Rules ” We call on the parties involved to actively fulfill their contractual obligations. Practice has proven that any binding force will ultimately be transformed into a driving force for development. This is because binding force embodies the unity of responsibility, obligation, and rights. The higher the level of binding force, the tighter the solidarity, the greater the sense of responsibility, the more substantial the rights and interests, and the stronger the fighting capacity.
The primary responsibility for governing enterprises and maintaining public security according to law lies with each mining enterprise. However, it also requires the active participation of every employee. Ultimately, the beneficiaries of governing enterprises and maintaining public security according to law are all employees within the mining enterprises.
From a micro perspective, mining workers are the practitioners of governing the country, managing mines, running enterprises, and maintaining public security according to law. Governing the country according to law helps purify the minds of mining workers. By upholding the rule of law in national governance, mine management, enterprise operations, and public security, we can provide a legal guarantee for enhancing the sense of happiness among mining workers. As the concept of the rule of law becomes widely understood and effectively implemented throughout society, mining workers will also reap its benefits. When their legitimate rights and interests are effectively protected, mining workers will consciously abide by laws and regulations, actively comply with corporate rules and regulations, uphold professional ethics, fulfill their duties conscientiously, and practice integrity in their work. In this way, while realizing their individual value, mining workers will also contribute to the shared dream of the entire mining community.
Consciously abiding by the Party’s discipline and state laws, setting an exemplary example in implementing mine regulations and rules, and upholding the authority of legal systems for safe production are the inescapable responsibilities and obligations of everyone working in the mining industry. To truly put into practice the principles of governing the country, managing mines, running enterprises, and maintaining public security according to law, we need the active and proactive participation of the entire society—including all miners. Miners must strive to be both practitioners and role models in governing the country, managing mines, running enterprises, and maintaining public security according to law.
In short, governing the country, mining operations, enterprises, and public security according to law has ushered in a new historical period of opportunity for the development of the mining industry. Mining enterprises must actively study and implement the spirit of the Fourth Plenary Session of the 18th CPC Central Committee, carefully identify and address bottlenecks that hinder development, pinpoint breakthrough points, and— “ Law ” The concept, relying on “ System “” Rules ” With strength, we will explore new pathways for the development of the mining industry under new historical conditions and achieve new brilliance.