How to sentence people injured by illegal mining
Publish: 2021-05-11 11:27:16
1. The crime of illegal mining (article 343, paragraph 1, of the criminal law) refers to those who, in violation of 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 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< The object of this crime is the state's management system of mineral resources and mining proction and the state's ownership of mineral resources. According to the Constitution and the law of the people's Republic of China on the management of mineral resources, mineral resources belong to the state. The state guarantees the rational development and utilization of mineral resources, and forbids any organization or indivial to destroy mineral resources by any means. However, on the premise of not changing the nature of ownership of mineral resources, the state may, in accordance with the principle of proper separation of ownership and mining right, grant the mining right of mineral resources to specific organizations or indivials according to law, and has the right to supervise and manage the mining activities of any organization or indivial. Therefore, the so-called national management system of mineral resources mainly refers to a series of administrative systems formulated by the state for mining units or indivials according to law. The State exercises strict control over the development of mineral resources and forbids mining without a license or beyond the approved mining area. In recent years, illegal mining activities are very serious, so it must be stipulated as a crime and severely cracked down on. This crime is objectively manifested as illegal mining and destruction of mineral resources in violation of the provisions of the mineral resources protection law. Illegal mining, that is, mining without a license, refers to mining without a mining license, mining in a state planned mining area, a mining area of great value to the national economy and other mining areas, mining without authorization a specific type of mineral for which protective mining is prescribed by the state, or mining without a mining license but not in accordance with the requirements of the mining scope on the mining license, Refusing to stop mining after being ordered to stop mining, thus causing damage to mineral resources. Subject elements the subject of this crime is the general subject, but it is generally limited to the directly responsible personnel, including the leaders and main executive personnel who make illegal mining decisions in state-owned, collective or township mining enterprises, as well as the incitement, organization, command personnel and indivial mining personnel who gather people for illegal mining. Subjective elements this crime is subjective out of intention. Its subjective purpose is to obtain mineral procts for profit.
2.
According to Article 343 of the criminal law, anyone who, in violation of the provisions of the mineral resources law, mines without obtaining a mining license, enters a state planned mining area, a mining area of great value to the national economy, or another mining area for mining without authorization shall mine the specific minerals that the state stipulates to be protected
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
extension
case: illegal mining in Lu Xin a quarry reached more than 90 thousand tons, and 2 suspect were detained according to law! p> On November 21, 18, the Public Security Bureau of Wuxuan County successfully cracked an illegal mining case and detained two suspects, thus avoiding the massive loss of national mineral resources
after investigation, the police quickly got the suspect, tan and Wuxuan two people to gain high profits. In April 2015, the quarry went beyond the mining area illegally in the ancient Hang Village of Lu Xin town in Wuxuan. The two of them still don't know how to repent and continue illegal mining
After the appraisal by Laibin Geological Survey Institute, the illegal mining amount of Qin and Wei reached more than 90000 tons, and the amount of illegal profits reached more than 1.5 million, which seriously damaged the national mineral resources After many times of police work and persuasion, two suspects, Qin and Wei, surrendered to the public security organ on November 21< At present, Br />suspect Wei Mousheng and Tan have been arrested in accordance with the law. p>
3. 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.
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.
4.
As shown in the figure,
is near entrance D of qiandenghu station on Guangzhou Foshan line
5. Theft and embezzlement of national public resources is the most important, but the specific situation still depends on the corresponding circumstances, hope to adopt
6. 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
if you are talking about games, I have a post here http://tieba..com/f?kz=351169551
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
if you are talking about games, I have a post here http://tieba..com/f?kz=351169551
7. An airport bus line 8 runs from Shangdi to capital airport at 5:10. It can arrive at the airport at 6:00. It's very urgent, but this line runs every half an hour, Don't be late
driving route: Shangdi Information Instry Zone (Shangdi Holiday Inn) - Qinghe Xiaoying (50 meters from the east side of the bridge north) - Longze City railway station (line 13) - longhuayuan (next to the South longhuayuan bus station on Huilongguan West Street) - matrix community - North Gate of West Third District of Tiantongyuan (roadside in front of the gate) - north of Tiantongyuan (terminal of Metro Line 5) - name Jiahuayuan -- Lanyuan of Dongsanqi (opposite the main gate of Mingjia garden) -- capital airport
operation time: 5:10 ~ 21:00
driving route: Shangdi Information Instry Zone (Shangdi Holiday Inn) - Qinghe Xiaoying (50 meters from the east side of the bridge north) - Longze City railway station (line 13) - longhuayuan (next to the South longhuayuan bus station on Huilongguan West Street) - matrix community - North Gate of West Third District of Tiantongyuan (roadside in front of the gate) - north of Tiantongyuan (terminal of Metro Line 5) - name Jiahuayuan -- Lanyuan of Dongsanqi (opposite the main gate of Mingjia garden) -- capital airport
operation time: 5:10 ~ 21:00
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