Illegal mining in Panzhihua
Publish: 2021-05-02 17:01:59
1. mining without License refers to mining without license. Its main body includes company, enterprise, unit and indivial. It mainly includes the following situations:
(1) mining mineral resources without mining license 2) Continue to exploit mineral resources after the mining license is cancelled or revoked 3) Mining mineral resources beyond the mining area specified in the mining license 4) Mining mineral resources (except symbiotic and associated minerals) not in accordance with the mining license 5) Other acts of mining mineral resources without a mining license
according to the relevant provisions of the laws and regulations on mineral resources, the legal responsibilities of unlicensed mining are: order to stop mining, compensate for losses, confiscate the illegally mined mineral procts and illegal income, and impose a fine of less than 50% of the illegal income. Those who refuse to stop mining and cause damage to mineral resources worth more than 50000 yuan shall be investigated for criminal responsibility according to law<
illegal mining in the name of tea garden transformation has been punished by law -- case of unlicensed mining of rare earth ore by Lin Deting and others in Lianhe Township, Youxi County, Fujian Province
in February 2008, Lin Deting, a cadre of Lianhe township government, Youxi County, Fujian Province, learned that there was a rare earth ore under the surface of Shangji tea garden in Huyang village. In April, in collusion with villagers Xiao Fangqing and Liao youzuo of Huyang village, a tea garden renovation contract was signed with Huyang village committee. Subsequently, the rare earth mine was mined in the name of tea garden transformation without a mining license. Youxi County Bureau of land and resources found and ordered it to stop illegal mining, the above behavior has constituted illegal mining. According to the legal appraisal of Fujian Provincial Department of land and resources, the damage value of rare earth minerals caused by illegal mining is 196200 yuan
in October 2009, the people's Court of Youxi County found that the above behavior constituted the crime of illegal mining, and Lin De Ting was sentenced to one year and six months' imprisonment and a fine of 60000 yuan; Xiao Fangqing was sentenced to one year's imprisonment and a fine of 50000 yuan; Liao youzuo was sentenced to one year's imprisonment and a fine of 30000 yuan. Other persons responsible for the violation of the law will also be given criminal judgments separately< According to the mineral resources law of the people's Republic of China, the exploration and mining of mineral resources must be applied separately according to law, and the exploration right and mining right must be obtained and registered after approval The detailed rules for the implementation of the mineral resources law further stipulates that the State implements a license system for the exploration and exploitation of mineral resources, and must apply for registration, obtain a mining license, and obtain the mining right in accordance with the law when mining mineral resources. In this case, Lin Deting, Xiao Fangqing, Liao youzuo and others mining rare earth without mining license, which is a typical unlicensed mining behavior
the facts of this case are clear and accurate, but the treatment is not complete. According to the "mineral resources law of the people's Republic of China" and its supporting regulations, the legal responsibilities of unlicensed mining are: ordering to stop mining, compensating for losses, confiscating the mined mineral procts and illegal income, and imposing a fine of less than 50% of the illegal income. In accordance with the provisions of the criminal law of the people's Republic of China and relevant judicial interpretations, those who refuse to stop mining and cause damage to mineral resources with a value of more than 50000 yuan shall be investigated for criminal responsibility. According to the above provisions, in addition to the criminal responsibility of the parties, the administrative legal responsibility of the parties should also be investigated
judging from the results of this case, the party concerned has been investigated for criminal responsibility. However, in order to safeguard the rights and interests of the state's mineral resources, the party concerned should also be given administrative punishment and the illegal income of 196200 yuan should be confiscated. Only in this way can the violators be punished more effectively and the violators pay a high price for their illegal acts< Since 2007, Hu Dadong, a farmer in Jiangxi Province, has been mining rare earth mines in Shihu village, Shangping Town, Longchuan County, Heyuan City, Guangdong Province without a mining license. In 2008, the mine was closed according to law, and Hu Dadong transferred the mine to local villagers Chen Huafeng and others. From 2008 to February 2010, Chen Huafeng and others carried out mining in the above scope. During this period, the Longchuan County Government and management departments have repeatedly cleaned up and rectified, and Chen Huafeng and others have not stopped mining activities. The above actions have constituted illegal mining and caused serious damage to 51.5 mu of forest land< In March 2010, under the supervision of the Department of land and resources of Guangdong Province, Longchuan County Government and relevant departments took effective measures to ban the illegal mine. On May 27, the people's Court of Longchuan County sentenced Hu Dadong to two years' imprisonment and a fine of 50000 yuan in accordance with the law for the serious damage of woodland caused by illegal mining, which constituted the crime of illegal occupation of agricultural land; Chen Huafeng was sentenced to eight months' imprisonment and a fine of 50000 yuan. The Party committee and the government of Longchuan County have imposed party and government disciplinary sanctions on the six public officials who failed to supervise and neglect their ties
analysis
in this case, the illegal mining caused serious damage to a large area of woodland. The above illegal acts not only constitute illegal mining, but also constitute illegal occupation of agricultural land, which should bear the corresponding legal responsibility
when it comes to the investigation of criminal responsibility, according to the relevant provisions of the criminal law, it depends on whether the offender has committed one or two or more illegal acts. If there are two or more, they should be punished for several crimes; If it is one, that is, the same act has committed two or more crimes, it can be convicted and punished according to the principle of "choosing one to be heavier", that is, "felony absorbs misdemeanor". In this case, the illegal mining of rare earth minerals caused a lot of destruction of woodland. In practice, it is difficult to obtain evidence for the amount of value of rare earth mine. In addition, drip irrigation is usually used to mine rare earth mine, which is less destructive to this mineral resource than to other mineral resources. Therefore, it is more appropriate for judicial organs to convict and punish the crime of illegal occupation of agricultural land
although the above-mentioned criminal punishment is more appropriate, according to the mineral resources laws and regulations, Hu Dadong and Chen Huafeng should be given administrative punishment such as confiscating illegal income, confiscating illegally mined mineral procts, while the local competent department of land and resources did not, which is the deficiency of this case< From October 2008 to April 2009, Liu canyong, a villager of Xikou No.7 village, Yuxi Town, Chaoan County, Guangdong Province, together with Huang Yujin, a villager of liumu village, Xiangqiao District, Chaozhou City, together with Huang Yujin, a villager of Xikou No.7 village, Yuxi Town, Chaoan County, Guangdong Province, illegally mined ceramic soil, In the area of "beauty city" in the East Street of Xiangqiao District, Chaozhou City, illegal mining of ceramic clay was carried out. During this period, the local competent department of land and resources, the public security department and other relevant departments repeatedly warned and stopped the illegal mining activities, but they did not stop. After investigation and appraisal according to law, Liu canyong and others illegally mined 5098.3 tons of ceramic clay, resulting in the destruction of mineral resources with a value of 185848 thousand yuan
in December 2009, the people's Court of Xiangqiao District, Chaozhou City made a judgment on the case according to law. Liu canyong was found guilty of illegal mining and sentenced to one year and six months' imprisonment with a fine of 50000 yuan; Huang Yujin was found guilty of illegal mining and was sentenced to one year and two months' imprisonment with a fine of 40000 yuan
analysis
this is a typical case of unlicensed mining
Liu canyong, Huang Yujin and others, without obtaining a mining license, arbitrarily mined ceramic clay. After being stopped by the local land and resources authorities for many times, they refused to stop mining, causing damage to mineral resources, which has constituted the crime of illegal mining. According to the relevant provisions of the criminal law of the people's Republic of China and the Supreme People's court's interpretation on Several Issues concerning the specific application of law in the trial of criminal cases of illegal mining and destructive mining, the Xiangqiao District People's Court of Chaozhou City found Liu canyong and Huang Yujin guilty of the crime of illegal mining according to law, with accurate qualitative determination and appropriate sentencing< In June 2009, Qin Xupeng, a villager of sheping village, LANGPING Town, Changyang County, Hubei Province, started mining iron ore resources on the east side of Fenghuangshan primary school in LANGPING town without a mining license. In July of the same year, LANGPING town government stopped it after it found out. Subsequently, the local department in charge of land and resources issued two notices to stop illegal activities, but Qin Xupeng did not stop illegal mining activities. According to the investigation and appraisal by the competent department of land and resources, Qin Xupeng illegally mined 2907 tons of iron ore, resulting in the destruction of mineral resources with a value of 319000 yuan, suspected of committing a crime
in December 2009, Qin Xupeng was arrested according to law. In March 2010, the people's Court of Changyang County tried and found that it constituted the crime of illegal mining, sentenced him to 10 months' imprisonment (suspended for one year) and fined him 20000 yuan
analysis
in this case, Qin Xupeng mined iron ore without a mining license, and refused to stop mining after the local competent department of land and resources issued two notices ordering him to stop illegal activities, causing damage to mineral resources, which was illegal mining. According to the relevant provisions of the criminal law of the people's Republic of China and the 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, the people's Court of Changyang County found Qin Xupeng guilty of the crime of illegal mining, and its nature was accurate. However, the sentencing is too light and there is no basis or reason< From November 2008 to February 2009, he Zhibo, a farmer in Xichong County, Sichuan Province, violated the ban by opening a closed and blasted coal shaft behind lanniqing mountain in banhai village, Taiping Township, Organizing personnel to mine illegally. On February 13, 2009, illegal mining caused a safety accident, resulting in one death and two missing. The local public security organ filed a case for investigation on suspicion of major accident and applied to the Department of land and resources of Sichuan Province to identify the damage value caused by illegal coal mining. According to the legal appraisal, he Zhibo's illegal coal mining caused 92300 yuan of damage to mineral resources, suspected of a crime
in July 2009, Renhe District People's Court of Panhua City found that he Zhibo had committed the crime of serious accident and illegal mining. He was sentenced to three years and six months' imprisonment and a fine of 30000 yuan
analysis
this case is a typical case of illegal mining and causing a major safety accident
in this case, he Zhibo, Panhua City, Sichuan Province, opened a closed and sealed coal mine without obtaining a mining license, and organized personnel to mine coal resources. According to the provisions of Article 3 of the mineral resources law of the people's Republic of China on "mining of mineral resources must be applied for in accordance with the law, approved to obtain mining rights, and registered", the above acts constitute illegal mining, and safety accidents have occurred, resulting in one death and two missing. The public security organ filed a case for investigation on suspicion of the crime of major accident. After applying to the Department of land and resources of Sichuan Province to identify the damage caused by illegal coal mining, he Zhibo's illegal coal mining caused 92300 yuan of damage to mineral resources
(1) mining mineral resources without mining license 2) Continue to exploit mineral resources after the mining license is cancelled or revoked 3) Mining mineral resources beyond the mining area specified in the mining license 4) Mining mineral resources (except symbiotic and associated minerals) not in accordance with the mining license 5) Other acts of mining mineral resources without a mining license
according to the relevant provisions of the laws and regulations on mineral resources, the legal responsibilities of unlicensed mining are: order to stop mining, compensate for losses, confiscate the illegally mined mineral procts and illegal income, and impose a fine of less than 50% of the illegal income. Those who refuse to stop mining and cause damage to mineral resources worth more than 50000 yuan shall be investigated for criminal responsibility according to law<
illegal mining in the name of tea garden transformation has been punished by law -- case of unlicensed mining of rare earth ore by Lin Deting and others in Lianhe Township, Youxi County, Fujian Province
in February 2008, Lin Deting, a cadre of Lianhe township government, Youxi County, Fujian Province, learned that there was a rare earth ore under the surface of Shangji tea garden in Huyang village. In April, in collusion with villagers Xiao Fangqing and Liao youzuo of Huyang village, a tea garden renovation contract was signed with Huyang village committee. Subsequently, the rare earth mine was mined in the name of tea garden transformation without a mining license. Youxi County Bureau of land and resources found and ordered it to stop illegal mining, the above behavior has constituted illegal mining. According to the legal appraisal of Fujian Provincial Department of land and resources, the damage value of rare earth minerals caused by illegal mining is 196200 yuan
in October 2009, the people's Court of Youxi County found that the above behavior constituted the crime of illegal mining, and Lin De Ting was sentenced to one year and six months' imprisonment and a fine of 60000 yuan; Xiao Fangqing was sentenced to one year's imprisonment and a fine of 50000 yuan; Liao youzuo was sentenced to one year's imprisonment and a fine of 30000 yuan. Other persons responsible for the violation of the law will also be given criminal judgments separately< According to the mineral resources law of the people's Republic of China, the exploration and mining of mineral resources must be applied separately according to law, and the exploration right and mining right must be obtained and registered after approval The detailed rules for the implementation of the mineral resources law further stipulates that the State implements a license system for the exploration and exploitation of mineral resources, and must apply for registration, obtain a mining license, and obtain the mining right in accordance with the law when mining mineral resources. In this case, Lin Deting, Xiao Fangqing, Liao youzuo and others mining rare earth without mining license, which is a typical unlicensed mining behavior
the facts of this case are clear and accurate, but the treatment is not complete. According to the "mineral resources law of the people's Republic of China" and its supporting regulations, the legal responsibilities of unlicensed mining are: ordering to stop mining, compensating for losses, confiscating the mined mineral procts and illegal income, and imposing a fine of less than 50% of the illegal income. In accordance with the provisions of the criminal law of the people's Republic of China and relevant judicial interpretations, those who refuse to stop mining and cause damage to mineral resources with a value of more than 50000 yuan shall be investigated for criminal responsibility. According to the above provisions, in addition to the criminal responsibility of the parties, the administrative legal responsibility of the parties should also be investigated
judging from the results of this case, the party concerned has been investigated for criminal responsibility. However, in order to safeguard the rights and interests of the state's mineral resources, the party concerned should also be given administrative punishment and the illegal income of 196200 yuan should be confiscated. Only in this way can the violators be punished more effectively and the violators pay a high price for their illegal acts< Since 2007, Hu Dadong, a farmer in Jiangxi Province, has been mining rare earth mines in Shihu village, Shangping Town, Longchuan County, Heyuan City, Guangdong Province without a mining license. In 2008, the mine was closed according to law, and Hu Dadong transferred the mine to local villagers Chen Huafeng and others. From 2008 to February 2010, Chen Huafeng and others carried out mining in the above scope. During this period, the Longchuan County Government and management departments have repeatedly cleaned up and rectified, and Chen Huafeng and others have not stopped mining activities. The above actions have constituted illegal mining and caused serious damage to 51.5 mu of forest land< In March 2010, under the supervision of the Department of land and resources of Guangdong Province, Longchuan County Government and relevant departments took effective measures to ban the illegal mine. On May 27, the people's Court of Longchuan County sentenced Hu Dadong to two years' imprisonment and a fine of 50000 yuan in accordance with the law for the serious damage of woodland caused by illegal mining, which constituted the crime of illegal occupation of agricultural land; Chen Huafeng was sentenced to eight months' imprisonment and a fine of 50000 yuan. The Party committee and the government of Longchuan County have imposed party and government disciplinary sanctions on the six public officials who failed to supervise and neglect their ties
analysis
in this case, the illegal mining caused serious damage to a large area of woodland. The above illegal acts not only constitute illegal mining, but also constitute illegal occupation of agricultural land, which should bear the corresponding legal responsibility
when it comes to the investigation of criminal responsibility, according to the relevant provisions of the criminal law, it depends on whether the offender has committed one or two or more illegal acts. If there are two or more, they should be punished for several crimes; If it is one, that is, the same act has committed two or more crimes, it can be convicted and punished according to the principle of "choosing one to be heavier", that is, "felony absorbs misdemeanor". In this case, the illegal mining of rare earth minerals caused a lot of destruction of woodland. In practice, it is difficult to obtain evidence for the amount of value of rare earth mine. In addition, drip irrigation is usually used to mine rare earth mine, which is less destructive to this mineral resource than to other mineral resources. Therefore, it is more appropriate for judicial organs to convict and punish the crime of illegal occupation of agricultural land
although the above-mentioned criminal punishment is more appropriate, according to the mineral resources laws and regulations, Hu Dadong and Chen Huafeng should be given administrative punishment such as confiscating illegal income, confiscating illegally mined mineral procts, while the local competent department of land and resources did not, which is the deficiency of this case< From October 2008 to April 2009, Liu canyong, a villager of Xikou No.7 village, Yuxi Town, Chaoan County, Guangdong Province, together with Huang Yujin, a villager of liumu village, Xiangqiao District, Chaozhou City, together with Huang Yujin, a villager of Xikou No.7 village, Yuxi Town, Chaoan County, Guangdong Province, illegally mined ceramic soil, In the area of "beauty city" in the East Street of Xiangqiao District, Chaozhou City, illegal mining of ceramic clay was carried out. During this period, the local competent department of land and resources, the public security department and other relevant departments repeatedly warned and stopped the illegal mining activities, but they did not stop. After investigation and appraisal according to law, Liu canyong and others illegally mined 5098.3 tons of ceramic clay, resulting in the destruction of mineral resources with a value of 185848 thousand yuan
in December 2009, the people's Court of Xiangqiao District, Chaozhou City made a judgment on the case according to law. Liu canyong was found guilty of illegal mining and sentenced to one year and six months' imprisonment with a fine of 50000 yuan; Huang Yujin was found guilty of illegal mining and was sentenced to one year and two months' imprisonment with a fine of 40000 yuan
analysis
this is a typical case of unlicensed mining
Liu canyong, Huang Yujin and others, without obtaining a mining license, arbitrarily mined ceramic clay. After being stopped by the local land and resources authorities for many times, they refused to stop mining, causing damage to mineral resources, which has constituted the crime of illegal mining. According to the relevant provisions of the criminal law of the people's Republic of China and the Supreme People's court's interpretation on Several Issues concerning the specific application of law in the trial of criminal cases of illegal mining and destructive mining, the Xiangqiao District People's Court of Chaozhou City found Liu canyong and Huang Yujin guilty of the crime of illegal mining according to law, with accurate qualitative determination and appropriate sentencing< In June 2009, Qin Xupeng, a villager of sheping village, LANGPING Town, Changyang County, Hubei Province, started mining iron ore resources on the east side of Fenghuangshan primary school in LANGPING town without a mining license. In July of the same year, LANGPING town government stopped it after it found out. Subsequently, the local department in charge of land and resources issued two notices to stop illegal activities, but Qin Xupeng did not stop illegal mining activities. According to the investigation and appraisal by the competent department of land and resources, Qin Xupeng illegally mined 2907 tons of iron ore, resulting in the destruction of mineral resources with a value of 319000 yuan, suspected of committing a crime
in December 2009, Qin Xupeng was arrested according to law. In March 2010, the people's Court of Changyang County tried and found that it constituted the crime of illegal mining, sentenced him to 10 months' imprisonment (suspended for one year) and fined him 20000 yuan
analysis
in this case, Qin Xupeng mined iron ore without a mining license, and refused to stop mining after the local competent department of land and resources issued two notices ordering him to stop illegal activities, causing damage to mineral resources, which was illegal mining. According to the relevant provisions of the criminal law of the people's Republic of China and the 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, the people's Court of Changyang County found Qin Xupeng guilty of the crime of illegal mining, and its nature was accurate. However, the sentencing is too light and there is no basis or reason< From November 2008 to February 2009, he Zhibo, a farmer in Xichong County, Sichuan Province, violated the ban by opening a closed and blasted coal shaft behind lanniqing mountain in banhai village, Taiping Township, Organizing personnel to mine illegally. On February 13, 2009, illegal mining caused a safety accident, resulting in one death and two missing. The local public security organ filed a case for investigation on suspicion of major accident and applied to the Department of land and resources of Sichuan Province to identify the damage value caused by illegal coal mining. According to the legal appraisal, he Zhibo's illegal coal mining caused 92300 yuan of damage to mineral resources, suspected of a crime
in July 2009, Renhe District People's Court of Panhua City found that he Zhibo had committed the crime of serious accident and illegal mining. He was sentenced to three years and six months' imprisonment and a fine of 30000 yuan
analysis
this case is a typical case of illegal mining and causing a major safety accident
in this case, he Zhibo, Panhua City, Sichuan Province, opened a closed and sealed coal mine without obtaining a mining license, and organized personnel to mine coal resources. According to the provisions of Article 3 of the mineral resources law of the people's Republic of China on "mining of mineral resources must be applied for in accordance with the law, approved to obtain mining rights, and registered", the above acts constitute illegal mining, and safety accidents have occurred, resulting in one death and two missing. The public security organ filed a case for investigation on suspicion of the crime of major accident. After applying to the Department of land and resources of Sichuan Province to identify the damage caused by illegal coal mining, he Zhibo's illegal coal mining caused 92300 yuan of damage to mineral resources
2. We need to have a mountain opening certificate, mineral certificate or something. Otherwise, it is illegal business and will be confiscated.
3. Article 36 of the land law of the people's Republic of China: land must be used sparingly in non-agricultural construction, and cultivated land shall not be occupied if wasteland can be used; Where bad land can be used, good land shall not be occupied. It is forbidden to occupy cultivated land to build kilns or graves, or to build houses, dig sand, quarrying, mining, or borrow soil on cultivated land without authorization. Article 74 anyone who, in violation of the provisions of this law, occupies cultivated land to build kilns or graves, or builds houses, digs sand, quarries, mines or takes soil on cultivated land without authorization, thus damaging the conditions for planting, or causes desertification or salinization of land e to land development, shall be ordered by the land administrative department of the people's government at or above the county level to make corrections or control within a time limit and may also be fined; If a crime is constituted, criminal responsibility shall be investigated according to law Article 3 of the mineral resources law of the people's Republic of China: mineral resources belong to the state, and the State Council shall exercise the state ownership of mineral resources. The state ownership of surface or underground mineral resources shall not change with the ownership or use right of the land to which they are attached. The state guarantees the rational development and utilization of mineral resources. It is forbidden for any organization or indivial to occupy or destroy mineral resources by any means. Suggestion: report to the local land and resources management department.
4. It is recommended to choose a professional maintenance center to avoid causing losses to your watch. The specific situation needs to be detected and handled by technicians. It is recommended to call for detailed consultation.
5.
Don't think about that. The power is too high. 225W is already the maximum power of home graphics card. I can't stand it in summer. Choose the rx5500xt with the same performance. The power is only 150W. It's better in summer
6.
absolutely. In fact, it is still a good thing to stop illegal mining. If the circumstances are serious, it will constitute a crime. In fact, the standard of prosecution for the crime of illegal mining in China is quite low. If the value of the damage to mineral resources is more than 50000 yuan to 100000 yuan, a case should be filed for prosecution. In other words, once investigated, it is possible to go to prison The mining enterprises with incomplete certificates, change of mineral types and mining not in accordance with the development and utilization plan should resolutely stop proction for rectification
All township (town) people's governments must take the responsibility of the first discoverer, reporter and responsible person, closely monitor all kinds of illegal mining activities in the administrative region, and timely discover and report illegal mining activities Land, public security, economy and information, instry and commerce, electric power and other relevant departments should cooperate closely, deepen the comprehensive law enforcement, form a strong strike force, and punish severely in economy, administration and law The organizers and participants of illegal mining of mineral resources, once verified, should be subject to administrative detention, machinery and equipment should be sealed up and seized, illegal mineral procts should be confiscated and auctioned, those who have constituted a crime should be firmly investigated for criminal responsibility, and those who have caused casualties should be held responsible Mining enterprises are responsible for maintaining the order of mineral resources development in the mining area. If illegal mining activities are found in the mining area, effective measures shall be taken immediately to stop them and timely report to the local government and relevant departments It is strictly forbidden for any unit or indivial to purchase, store, trade, transport or use the illegally mined mineral resources. Once found, it shall be seriously dealt with by the instry and commerce, tax and other relevant departments according to law Party and government cadres are strictly forbidden to participate in illegal mining of mineral resources. Party and government cadres and public officials who support, shield, connive at, and act as the umbrella, information tree, and intercessor of unlicensed mine owners should be deeply investigated. The discipline inspection and supervision organ shall strictly investigate the responsibility for the violation of rules and regulations of dereliction of ty and abuse of power The Municipal Information Office and TV station should track and report the work progress of cracking down on illegal mining; Special topic interview and special magazine report to create a high pressure atmosphere of cracking down on illegal activities; Case analysis should be exposed to the public in a timely manner, and illegal mining activities should be exposed in a timely manner, so as to create an atmosphere in which people dare not, cannot and do not want to mine The majority of cadres and masses should actively participate in the reporting action of illegal mining activities, timely report and provide clues to the land and public security departments, and assist the government to crack down on illegal mining of mineral resources. If the investigation and report are true, 5000-10000 yuan will be awarded (2) punishment of the criminal law on the crime of illegal mining: < / EM >1. The crime of illegal mining (article 343, paragraph 1, of the criminal law) refers to those who violate the provisions of the law on the protection of mineral resources, mine without a mining license, enter the state planned mining areas, mining areas of great value to the national economy and other mining areas without authorization, Unauthorized mining of specific minerals for which protective mining is prescribed by the state, refusing to stop mining after being ordered to stop mining, thus causing damage to mineral resources
According to Article 68 of the provisions of the Supreme People's Procuratorate and the Ministry of public security on the standards for filing and prosecuting criminal cases under the jurisdiction of public security organs (I), those whose value of mineral resources damage is more than 50000 yuan to 100000 yuan shall be filed for prosecutionunder any of the following circumstances, it belongs to "mining without mining license" as stipulated in this article:
(1) mining mineral resources without 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) (5) other situations of mining mineral resources without obtaining mining licensemining without permission ring the period when the mining license is suspended according to law shall be regarded as "mining without permission without mining license"
the amount of value resulting in the destruction of mineral resources shall be determined by the Department in charge of Geology and mineral resources at or above the provincial level after verification
Article 343 of the criminal law stipulates that under normal circumstances, a person shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also, or shall only, be fined; 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 If a unit commits a crime, it shall be fined, and the person in charge and other persons who are directly responsible for the crime shall be punished in accordance with the provisions of this article7. 1. Agreement is direct evidence, which can be sued and won
2. If the subject of compensation stipulated in the agreement is listed as the defendant, the mayor has shares that are illegal and can complain to the discipline inspection and supervision department
3. It is necessary to find out the defendant's property clues to facilitate execution. If a shareholder has the right to withdraw his property, he shall bear the corresponding responsibility
2. If the subject of compensation stipulated in the agreement is listed as the defendant, the mayor has shares that are illegal and can complain to the discipline inspection and supervision department
3. It is necessary to find out the defendant's property clues to facilitate execution. If a shareholder has the right to withdraw his property, he shall bear the corresponding responsibility
8.
Article 343, paragraph 1 of the criminal law [crime of illegal mining] in violation of the provisions of the mineral resources law, mining without obtaining a mining license, entering a state planned mining area, a mining area of great value to the national economy or another person's mining area without authorization, or mining a specific kind of mineral that is protected by the state without authorization, if the circumstances are serious, They shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also, or shall only, be fined; 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.
Article 343, paragraph 1 of the criminal law [crime of illegal mining] in violation of the provisions of the mineral resources law, mining without obtaining a mining license, entering a state planned mining area, a mining area of great value to the national economy or another person's mining area without authorization, or mining a specific kind of mineral that is protected by the state without authorization, if the circumstances are serious, They shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also, or shall only, be fined; 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.
9. Yes, with the support of local officials, the common people can exploit it without making trouble.
10. Unlicensed mining and cross boundary mining are illegal mining.
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