Crime of mining mineral resources
According to the provisions of 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 mine the specific minerals for which protective mining is prescribed by the state without authorization
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 According to Article 42 of the detailed rules for the implementation of the mineral resources law of the people's Republic of China, those who are fined in accordance with articles 39, 40, 42, 43 and 44 of the mineral resources law shall be subject to the following provisions respectively:< P > those who mine without obtaining a mining license shall enter the state planned mining area without authorization Anyone who mines in a mining area of great value to the national economy or within the mining area of another person, or arbitrarily mines a specific type of mineral for which protective mining is prescribed by the state, shall be fined less than 50% of the illegal income
according to Article 39 of the mineral resources law of the people's Republic of China, those who, in violation of the provisions of this law, mine without a mining license, enter the state planned mining area, mine within the mining area of great value to the national economy, and mine specific minerals that are protected by the state
order to stop mining, compensate for losses, confiscate the mined mineral procts and illegal income, and may also impose a fine; Those who refuse to stop mining and cause damage to mineral resources shall be investigated for criminal responsibility in accordance with the relevant provisions of the criminal law
Units and indivials who enter the mining areas of state-owned mining enterprises and other mining enterprises established by others according to law shall be punished in accordance with the provisions of the preceding paragraphextended information:
Case: two men in Changjiang mining without license were sentenced
the Changjiang Court concluded a gang crime of illegal mining of river sand. The defendants Wu and Fu were sentenced to one year and six months' imprisonment and one year's imprisonment respectively for the crime of illegal mining, and were fined 20000 yuan respectively
after the trial, the court found that the defendant Wu and mai (handled separately) signed an agreement with a villager of Changshan village committee of Haiwei town and paid relevant fees to the villager without the approval of relevant departments and the issuance of "river sand mining license" and "mining license"
in March 2015, the defendant Wu rented the sand pumping boat of the defendant Fu for sand mining. Fu, knowing that Wu had no legal sand mining certificate, still provided two sand extraction boats and workers to help Wu mine river sand
after Hainan fair judicial appraisal center identified the seized sand sales bills of wumou sand quarry, the sales volume of river sand in the sand quarry was 6463 cubic meters, resulting in the loss of mineral resources of 161575 yuan, and the sales volume of river sand mined by Fumou sand pumping vessel was 2625 cubic meters, resulting in the loss of mineral resources of 65625 yuan
According to the investigation, the defendant Wu, together with Mai Qiufeng, worked in partnership to mine river sand and was actually responsible for the management of the sand field involved in the case, which played an active role in the joint crime. The Changjiang court held that the defendants Wu and Fu violated the provisions of the mineral resources law and exploited mineral sand without obtaining a mining license. Among them, the defendant Wu caused a loss of mineral sand resources of 161575 yuan and the defendant Fu caused a loss of mineral sand resources of 65625 yuan, both of which were serious cases. The actions of the two defendants constituted the crime of illegal mining, so the court made the above judgmentWhoever 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 circumstancesArticle 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
It can be reported to the local land and resources administration department or the Department in charge of Geology and mineral resources
The mineral resources law of the people's Republic of China stipulates: Article 3 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 does not change with the ownership or use right of the land they are attached to. The state guarantees the rational development and utilization of mineral resourcesit 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 resourcesto explore and exploit mineral resources, it is necessary to apply for and obtain the exploration right and 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
the state protects the exploration right and mining right from infringement, and protects the proction order and work order of mining areas and exploration areas from being affected and damaged. Those engaged in the exploration and exploitation of mineral resources must meet the prescribed qualifications
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 circumstancesThose 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 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
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 punishmentextended 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 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
reference materials : China court website: Criminal Law
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