Crime of illegal mining of mineral resources

1.

Whoever mines without a mining license, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance

according to Article 343 of the criminal law [crime of illegal mining; Whoever, in violation of the provisions of the mineral resources law, mines without a mining license, enters a mining area planned by the state, a mining area of great value to the national economy, or another person's mining area, or mines a special 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, mines 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

According to 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, Article 1 if an illegal mining violates the provisions of the mineral resources law and 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, Conviction and punishment of illegal mining crime:

(1) mining without mining license

(2) mining in the state planned mining areas, mining areas of great value to the national economy and other mining areas without authorization

(3) unauthorized mining of specific minerals that are protected by the state regulations

(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)

(5) other situations of mining mineral resources without obtaining mining license

extended data

according to Article 3 of the interpretation of the Supreme People's court and the Supreme People's Procuratorate on Several Issues concerning the application of law in handling criminal cases of illegal mining and destructive mining, the implementation of illegal mining has one of the following circumstances, (1) the value of the mined mineral procts or the value causing damage to the mineral resources is more than 100000 yuan to 300000 yuan

(2) mining in a state planned mining area or a mining area of great value to the national economy, mining a specific type of mineral for which protective mining is prescribed by the state, or mining in a prohibited mining area or period, with the value of the mined mineral procts or causing damage to mineral resources ranging from 50000 yuan to 150000 yuan or more

(3) having received more than two administrative punishments for illegal mining within two years, and then carrying out illegal mining activities

(4) causing serious damage to the ecological environment

(5) other serious circumstances

(1) if the amount of illegal mining is more than five times of the standard specified in Items 1 and 2 of the preceding paragraph; and

(2) causing particularly serious damage to the ecological environment

(3) other serious circumstances

Article 6 the value of the damage to mineral resources caused is between 500000 yuan and more than one million yuan, or the value of the damage to mining areas planned by the state, mining areas of great value to the national economy, and specific mineral resources for which protective mining is prescribed by the state is between 250000 yuan and 500000 yuan, It should be recognized as "causing serious damage to mineral resources" in the second paragraph of article 343 of the criminal law

2.

Those who illegally exploit the mineral resources of the State shall be suspected of the crime of illegal mining and shall be put on file for investigation by the public security organs

the crime of illegal mining refers to those who violate the provisions of the law of the people's Republic of China 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 people's mining areas, mine specific minerals that are protected by the state regulations without authorization, and refuse to stop mining after being ordered to stop mining, The act of causing damage to mineral resources

According to the provisions of article 343 of the criminal law of the people's Republic of China, mining without a mining license, entering the state planned mining areas, mining areas of great value to the national economy and other people's mining areas, or mining specific minerals that are protected by the state regulations without authorization, If the circumstances are serious, he 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

"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 illegal mining in violation of the provisions of the mineral resources law, which has one of the following circumstances and refuses to stop mining after being ordered to stop mining, thus causing damage to mineral resources, In accordance with the provisions of the first paragraph of article 343 of the criminal law, the crime of illegal mining shall be convicted and punished:

(1) mining without obtaining a mining license

(2) mining in the state planned mining areas, mining areas of great value to the national economy and other mining areas without authorization

(3) unauthorized mining of specific minerals that are protected by the state regulations

(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)

(5) other situations of mining mineral resources without obtaining mining license

"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)"

Article 68 [illegal mining case (article 343, paragraph 1 of the criminal law)] violates the provisions of the mineral resources law, mines without mining license, or enters the state planned mining area without authorization Anyone who mines in a mining area of great value to the national economy or in another person's mining area, or arbitrarily mines a specific type of mineral that is subject to protective mining as prescribed by the state and refuses to stop mining after being ordered to stop mining, thus causing damage to mineral resources with a value of more than 50000 to 100000 yuan, shall file a case for prosecution

(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)

(5) other situations of mining mineral resources without obtaining mining license

mining 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

3.

It is a crime of illegal mining to exploit even though it is illegal. Only if the worker is an accessory, the punishment can be mitigated

According to Article 343 of the criminal law, those who, in violation of the provisions of the mineral resources law, 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, mine specific minerals that are protected by the state regulations without authorization, and refuse to stop mining after being ordered to stop mining, Whoever causes damage to mineral resources 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

Those who, in violation of the provisions of the mineral resources law, exploit mineral resources by destructive mining methods, 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 27 an accomplice plays a secondary or auxiliary role in a joint crime

The accomplice should be given a lighter or mitigated punishment or be exempted from punishment

extended data

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 (1) [illegal mining case (article 343, paragraph 1 of the criminal law)], those who violate the provisions of the mineral resources law and mine without a mining license, Anyone who, without authorization, enters a mining area planned by the state, a mining area of great value to the national economy or another person's mining area, or arbitrarily mines a specific type of mineral for which protective mining is prescribed by the state and refuses to stop mining after being ordered to stop mining, thus causing damage to mineral resources with a value of more than 50000 to 100000 yuan, shall file a case for prosecution

(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)

(5) other situations of mining mineral resources without obtaining mining license

mining 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

reference materials : China court website: Criminal Law

4. In order to punish the criminal activities of illegal mining and destructive mining in accordance with the relevant provisions of the criminal law, the interpretation of several issues on the specific application of law in the trial of criminal cases of illegal mining and destructive mining is as follows:

Article 1 illegal mining in violation of the provisions of the mineral resources law, Under any of the following circumstances, those who refuse to stop mining after being ordered to stop mining, thus causing damage to mineral resources, shall be convicted and punished with the crime of illegal mining in accordance with the provisions of the first paragraph of article 343 of the criminal law:

(1) mining without obtaining a mining license< (2) mining in the state planned mining areas, mining areas of great value to the national economy and other mining areas without authorization< (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; and< (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< According to the second paragraph of article 343 of the criminal law of the people's Republic of China, "mining mineral resources with destructive mining methods" refers to the behavior of the actor who mines mineral resources in violation of the plan for the development and utilization of mineral resources examined and approved by the Department in charge of Geology and mineral resources and causes serious damage to mineral resources< Article 5 if the value of mineral resources damaged by destructive mining is more than 300000 yuan, it belongs to "causing serious damage to mineral resources" as stipulated in the second 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 appraisal conclusion issued by the Department in charge of Geology and mineral resources at or above the provincial level after verification

Article 7 If multiple illegal mining or destructive mining constitutes a crime and should be prosecuted according to law, or if multiple illegal mining or destructive mining has not been dealt with within one year, the cumulative amount of damage to mineral resources shall be calculated

Article 8 the standards of conviction and sentencing for units committing crimes of illegal mining and destructive mining shall be implemented in accordance with the relevant provisions of this interpretation

Article 9 the higher people's courts of all provinces, autonomous regions and municipalities directly under the central government may, according to the actual situation of their own regions, determine the starting amount standard for the implementation of Articles 3 and 5 of this interpretation within the range of 50000 yuan to 100000 yuan and 300000 yuan to 500000 yuan, and report to the Supreme People's court for the record.

5. Article 3 of the mineral resources law stipulates that mineral resources are owned by 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. People's governments at all levels must strengthen the protection of mineral resources. In the exploration and exploitation of mineral resources, it is necessary to apply for and obtain the exploration right and the mining right respectively according to law, and register them; However, mining enterprises that have applied for mining rights according to law are excluded from the exploration carried out for their own proction within the designated mining area< According to Article 39, those who, in violation of the provisions of this law, mine without a mining license, enter a state planned mining area, mine within a mining area of great value to the national economy, or mine a specific type of mineral for which protective mining is prescribed by the State shall be ordered to stop mining, compensate for losses, and confiscate the mined mineral procts and illegal income, They may also be fined; Those who refuse to stop mining and cause damage to mineral resources shall be investigated for criminal responsibility in accordance with the provisions of Article 156 of the criminal law

meeting the standard constitutes the crime of illegal mining. The specific term of imprisonment is calculated according to the appraisal losses caused to mineral resources.

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8.

Illegal trading in mineral resources of a country may be suspected of illegal mining

according to Article 343 of the criminal law of the people's Republic of China, those who, in violation of the provisions of the mineral resources law, 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 shall exploit specific minerals that are protected by the state regulations

Those who refuse to stop mining after being ordered to stop mining, thus causing damage to mineral resources, 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

Those who, in violation of the provisions of the mineral resources law, exploit mineral resources by destructive mining methods, 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

(1) mining mineral resources without mining license; and

(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 license

mining 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