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Crime of illegal mining in tanshuangchi Town, Jiaokou

Publish: 2021-05-08 10:25:44
1. Hello, Xiaobian sorted out the first instance trial report (model) of illegal mining crime in the legal knowledge column of barristers website
XX County People's Court of XX Province
criminal judgment
(2014) Yongxing Chu Zi No. 320
public prosecution organ XX County people's Procuratorate
the defendant Wang, male, Han nationality, junior high school ecation, farmer, was born in XX County, XX Province, and lives in XX County, Longyan City, XX Province. He was detained for this case on March 5, 2014, arrested on April 11, 2014, and is now in custody in XX County Detention Center
the people's Procuratorate of XX County charged the defendant Wang with the crime of illegal mining with Yongjian ecological criminal suit (2014) No. 1016 indictment, and filed a public prosecution in this Court on November 24, 2014. After the court accepted the case, it formed a collegial panel according to law and held a public hearing on December 11, 2014. The people's Procuratorate of XX County appointed procurator Huang Zhongzhang to appear in court to support the public prosecution, and the defendant Wang Yijia attended the lawsuit. The case has now been concluded< The trial found that: in December 2012, the defendant Wang obtained the unlicensed coal mine of yangkengbei 3 well (elevation 357) from Rao at a price of 300000 yuan. In March 2013, the defendant Wang organized workers to open proction. On March 28, 2013, the Bureau of land and resources of XX County found that the defendant Wang illegally mined 58 tons of coal in qiaokeng (yangbeikeng 3 well), Wenxi village, Peifeng Town, XX county, On April 1, 2013, XX County Bureau of land and resources made a decision on administrative punishment of land and resources, ordering the defendant Wang to stop proction immediately, confiscating the defendant Wang's illegal income of 23200 yuan, and imposing a penalty of 6960 yuan. On July 16, 2013, the Bureau of land and resources of XX County found that the defendant Wang Mou Jia illegally mined 38 tons of coal in qiaokeng (yangbeikeng No. 3 well), Wenxi village, Peifeng Town, XX County, and issued a notice to the defendant Wang Mou Jia ordering him to stop the illegal act of land and resources. On July 22, 2013, the Bureau of land and resources of XX county made a decision on administrative punishment of land and resources, ordering the defendant Wang Mou Jia to stop proction immediately, The defendant Wang's illegal income of 14800 yuan was confiscated and 4440 yuan was fined. In November 2013, the defendant Wang hired Zhang, Rao and Wang respectively to be responsible for underground management, roadway maintenance, coal tunnel guarding, bookkeeping and ground management, and organized workers to carry out proction. The defendant Wang's illegal income is 4400 yuan. On March 18, 2014, according to the appraisal of the Department of land and resources of XX Province, the illegal mining of the mine from March 28 to December 18, 2013 caused 344.4 tons of damage to mineral resources and the value of damaged mineral resources was 122262 yuan. On March 5, 2014, the defendant Wang Yijia voluntarily surrendered to the Public Security Bureau of XX county and truthfully confessed his crime
ring the trial, the defendant Wang had no objection to the above facts, and there was a confession and defense from the defendant Wang; The testimony of witnesses Zhang, Rao, Wang, Rao, Rao, Wang, Wu, Hu, Fu, Kuang, Li, Xiao, Peng, Qiu, Peng, Lai, Diao, Xiao, Tang, Wang, Wang, Wang and Wu respectively; Documentary evidence: basic information of personnel, inquiry description of illegal and criminal records, investigation report on illegal mining of coal resources in qiaokeng, Wenxi village, Peifeng town issued by XX County Bureau of land and resources, transfer letter of suspected illegal mining, case acceptance registration form, case filing decision, case filing notice, case arrival process, detention warrant, arrest warrant, etc Notice of order to stop illegal acts of land and resources, decision on administrative punishment of land and resources, receipt, extraction record, seizure list, statistical table of tramcars of each shift in qiaokeng No.3 well, dance notes account book and true feelings account book; The appraisal conclusion of the destructive value of mineral resources issued by the Department of land and resources of XX Province; The identification record, identification photos and other evidence are enough to confirm
the court held that the defendant Wang Mou Jia violated the provisions of the mineral resources law, mining without a mining license, resulting in the destruction value of mineral resources of 122262 yuan, which has constituted the crime of illegal mining. The Court confirmed the charge charged by the public prosecution organ. The defendant Wang, who voluntarily surrendered to the Public Security Bureau of XX county and truthfully confessed his crime, is a voluntary surrender and can be given a lighter punishment according to law. The defendant Wang is a first offender and may be given a lighter punishment as appropriate. In accordance with the first paragraph of article 343, Article 45, Article 47, Article 52, Article 53, Article 61, Article 62, Article 64, and the first paragraph of Article 67 of the criminal law of the people's Republic of China, and the second paragraph of Article 28 of the administrative punishment law of the people's Republic of China, the Supreme People's court's decision on the trial of illegal mining The specific application of the provisions of Article 1 (1), Article 2 (1), Article 3 and Article 6 of the interpretation of several legal issues in criminal cases of destructive mining is as follows:
1. The defendant Wang Mou Jia, who committed the crime of illegal mining, was sentenced to 10 months' imprisonment and a fine of 15000 yuan, which was handed over to the state treasury
(the term of imprisonment shall be calculated from the date of execution of the judgment. If custody is taken before execution of the judgment, one day of custody shall be converted into one day of imprisonment. That is, the term of fixed-term imprisonment is from March 5, 2014 to January 4, 2015. After decting the fine of 11400 yuan previously paid to the Bureau of land and resources of XX County, the remaining fine of 3600 yuan shall be paid within one month after the judgment takes effect)
2. Continue to recover the defendant Wang's illegal income of 4400 yuan, confiscate it and turn it over to the state treasury
if you are not satisfied with this judgment, you can appeal through this court or directly to the intermediate people's Court of Longyan City, XX Province within 10 days from the second day of receiving the judgment. In case of written appeal, one original and two copies of the appeal petition shall be submitted< Mr. Lin cangang, chief judge, Mr. Chen Dingsen, people's juror, Mr. Shen Dingyan, December 11, 2014, Mr. Chen Zhiyin, clerk, attached: main legal provisions applicable to this case
Article 343 Whoever, in violation of the provisions of the mineral resources law, mines without a mining license, enters a state planned mining area, a mining area of great value to the national economy or another person's mining area, or mines a specific type of mineral for which protective mining is prescribed by the state, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, A fine shall be imposed concurrently or only; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined
Whoever, in violation of the provisions of the mineral resources law, exploits mineral resources by destructive mining methods, thus causing serious damage to mineral resources, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined< Article 45 The term of fixed-term imprisonment, except as provided in articles 50 and 69 of this law, shall be not less than six months but not more than 15 years< Article 47 The term of fixed-term imprisonment shall be calculated from the date of execution of the judgment; If a person is detained before the execution of the judgment, one day of detention shall be converted into one day of imprisonment< Article 52 When imposing a fine, the amount of the fine shall be determined according to the circumstances of the crime< Article 53 the fine shall be paid once or in installments within the time limit specified in the judgment. If it fails to pay at the expiration of the time limit, it shall be compulsorily paid. If the fine cannot be paid in full, the people's court shall recover it at any time when it finds that the person subjected to execution has property that can be enforced. If it is really difficult to pay because of an irresistible disaster, it may be reced or exempted as appropriate< Article 61 when deciding the penalty for a criminal, he shall be sentenced in accordance with the relevant provisions of this Law in the light of the facts of the crime, the nature and circumstances of the crime and the degree of harm to society< Article 62 If a criminal has the circumstances of heavier or lighter punishment as stipulated in this law, he shall be punished within the limits of legal punishment
Article 64 all property illegally obtained by criminals shall be recovered or ordered to be returned or compensated; The legal property of the victim shall be returned in time; Contraband and personal property used for crime shall be confiscated. All confiscated property and fines shall be turned over to the state treasury and shall not be misappropriated or disposed of on their own< Article 67 a person who voluntarily confesses his crime after committing a crime is a voluntary surrender. A criminal who surrenders himself may be given a lighter or mitigated punishment. Among them, those who commit minor crimes may be exempted from punishment
the suspect, the accused and the prisoners serving the sentence, who have been coercive measures, give up their truthfully confession of other crimes that the judiciary has not yet grasped.
although the suspect does not have the circumstances of surrender in the first two paragraphs, he may be given a lighter punishment if he truthfully confesses his crimes. If he truthfully confesses his crime and avoids particularly serious consequences, he may be given a mitigated punishment< Article 28 of the law of the people's Republic of China on administrative punishment
If an illegal act constitutes a crime and the people's court has sentenced the party to criminal detention or fixed-term imprisonment, and the administrative organ has already given the Party administrative detention, it shall be converted into the corresponding term of imprisonment according to law
if the illegal act constitutes a crime and the people's court has imposed a fine on the party concerned, the fine shall be converted into the corresponding fine< "Interpretation of the Supreme People's Court on Several Issues concerning the specific application of law in the trial of criminal cases of illegal mining and destructive mining"
Article 1 if illegal mining, in violation of the provisions of the mineral resources law, has one of the following circumstances and refuses to stop mining after being ordered to stop mining, thus causing damage to mineral resources, the provisions of the first paragraph of article 343 of the criminal law shall apply, (1) mining without a mining license< (2) mining without authorization in the state planned mining areas, mining areas of great value to the national economy and other mining areas< (3) unauthorized mining of specific minerals that are subject to protective mining as stipulated by the state< (1) mining mineral resources without a mining license< (2) continuing to exploit mineral resources after the mining license has been cancelled or revoked< (3) mining mineral resources beyond the mining area specified in the mining license< (4) mining mineral resources not in accordance with the minerals specified in the mining license (except symbiotic and associated minerals); and< (5) other situations of mining mineral resources without mining license
Article 3 if the value of damage to mineral resources caused by illegal mining is more than 50000 yuan, it belongs to "damage to mineral resources" as stipulated in the first paragraph of article 343 of the criminal law; If the amount is more than 300000 yuan, it belongs to "causing serious damage to mineral resources" as stipulated in the first paragraph of article 343 of the criminal law
Article 6 destructive mining methods and the amount of damage or serious damage to mineral resources shall be determined by the Department in charge of Geology and mineral resources at or above the provincial level after verification.
2. The crime of illegal mining, according to its nature, can be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and also, or only, a fine; Whoever causes serious damage to mineral resources shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
3. First of all, we need to choose a set of suitable operation keys. If we feel that the three schemes provided by the system are not suitable, we can customize them. After all, in the desert island special training, operation is very important. A set of suitable operation mode in the game is undoubtedly powerful, can improve their survival rate and championship rate

when there are many people, don't be impulsive. Only when you are alive can you win the championship. Pay attention to the poison area and your own blood volume, and don't inlge in searching points, and finally you will be poisoned to death. If you are far away from the safe area in the early stage, you can find a car as soon as possible. If you don't have a car, you can seize the time to go to the safe area and develop along the way.
4. Are you asking about games or living on a desert island
if it is realistic, the first step must be to find the water source first. You can't live without fresh water. There must be fish near the food island. Generally, the fish on the desert island are stupid. The stones, trees, vines and branches on the island can be used as tools to make smoke. They can also be used to piece together SOS signs on the shore. I suggest you watch Robinson Crusoe or the rest of a desert island by Tom Hanks.
attachment: if your desert island is wild enough, you can collect water in this way. A simple desalination device is that you put some seawater in a basin and put an empty bowl in the center, cover it with a transparent plastic film, and press a heavy weight in the center, and the film will show a concave shape, In the sunshine, the water in the sea kept evaporating to the membrane and then fell into the empty bowl. That's how we collect fresh water. If you are on a desert island where there is not enough sunshine, you can take seawater and heat it in an evaporating dish. A condensation plate is added on top of the plate to prevent it. What you collect from the condensation plate is fresh water
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5. 10. High calorie protein bars

hunting and fishing are hard and uneconomic. You burn more calories searching for prey than you get from eating them. So bring a few snacks to save you the trouble

9. Flashlight

search and rescue personnel can see the light of the flashlight from a long distance. They are the best way to draw the attention of rescuers to yourself, and they are easy to carry. If you're in trouble making a fire, a flashlight can help you a lot< When you get lost in the forest, the whistle is the best tool to help you signal. Whistling on a regular basis requires much less energy than shouting, and high pitched whistles travel further

7. Backpack hammock

in a particularly hot or cold environment, you can protect yourself from natural factors, such as cold and rain, which is half the success. You can unravel it and build a more elaborate and comfortable shelter

6. Water purification device

drinking impure water has more disadvantages than advantages. So by properly filtering and purifying, you can avoid many health risks

5. Plastic garbage bags

plastic garbage bags are thin and light, and can be used for many purposes. You can use them as rain containers, or cut three holes as temporary Raincloth, and it can also be used as windbreak for shelter. Take some garbage bags with you. They are the strongest

4. First aid kit

getting an emergency is more troublesome than getting lost. Your first aid kit will have some first-aid medicine to deal with serious injuries, not just cuts and scratches. Bring some quick clot or celox hemostatic to deal with severe bleeding, along with forceps, needles and thread, antibiotic cream, sunscreen, and any special medicine you need in case of emergency

3. Metal cap or can

drinking water is more important than eating. With a metal cap or can, you can boil water to drink, which can sterilize and ensure health

2. Butane lighter

it's relatively easy to make a fire with flint in dry climate, but in wet weather, you have to use lighter and some inflammables to help you make a fire. Waxed cotton balls and a small bottle of Bacardi rum are both viable options

1. Knife

you can't leave home without a knife. A strong knife is a basic tool for building shelters, preparing food, lighting fires, and countless other tasks.
6. Security configuration of Tengda wireless router - WPS settings
Wi Fi protection settings (WPS) can simply and quickly establish an encrypted connection between wireless network client and Tengda wireless router. You don't have to choose the encryption method and set the key, just input the correct pin code or select PBC (or press the WPS button on the back panel) to simply set up WPS<

wireless security settings of Tengda wireless router

WPS: used to disable or enable WPS function. It is enabled by default<

WPS mode: supports two types of simple WPS settings, PBC (push button configuration) and pin code<

PBC: select PBC, click "save" or press and hold the WPS button on the back panel for about 1 second, and enable WPS / PBC on the client to connect at the same time

operation process:

after pressing the WPS button for 1 second, the WPS light will flash for about 2 minutes, indicating that the function has been enabled. During this

time period, the, The wireless client can enable WPS / PBC for authentication negotiation. After the negotiation is successful, the WPS indicator is always on, that is, the access process of a wireless client is completed. If multiple wireless clients are to be accessed, the above process needs to be repeated, and up to 32 wireless clients are supported

pin: if you want to use a pin, you must know the pin code of the wireless client. You can add it to the input box and save it. At the same time, you can use the same pin code in the client to connect

Reset OOB: when this button is pressed, the WPS indicator is off, and the AP will not respond to the WPS client connection request<

note: the WPS function can only be used normally with the support of wireless network card.

security configuration of Tengda wireless router - wpa-psk

WPA can ensure that the data of WLAN users are protected, and only authorized network users can access the WLAN network<

wireless security settings of Tengda wireless router

WPA encryption rules: AES (Advanced Encryption Standard) mode and TKIP (temporary Key Integrity Protocol) mode can be selected

key: Please enter the encryption string you want to use. The key characters are 8 to 63 ASCII characters

key update cycle: generate a validity period for the key you set<

security configuration of Tengda wireless router - wpa2-psk

WPA2 (Wi Fi protected access version 2) can provide better security than Wi Fi protected access (WPA). Besides TKIP encryption, AES is also provided<

wireless security settings of Tengda wireless router

WPA encryption rules: select data encryption type, support AES (Advanced Encryption Standard) mode, TKIP (temporary Key Integrity Protocol) mode, and tikip & AES mixed mode

key: Please enter the encryption string you want to use. The valid characters are ASCII characters. The length is 8 to 63
reference link: 192.168.1.1 router setting and modifying password

key update cycle: generate a validity period for your set key

the wireless security settings of Tengda wireless router are introced to you. Please operate according to the steps and methods mentioned above, and your wireless network can be protected smoothly. Try it yourself!
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