No one controls the illegal mining of mineral resources
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 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
The theft of state mineral resources shall be under the jurisdiction of the mineral resources administrative organs if there are special mineral resources administrative organs. If there is no special institution, it shall be under the jurisdiction of the land authority. At the same time, public security organs have jurisdiction over criminal acts
the above behaviors can be reported to the local mineral resources management institutions or land authorities. They may also report to the local public security organs. The above behavior has been suspected of crime
"criminal law" stipulates that: Article 343 [crime of illegal mining] violates the provisions of the mineral resources law, mines without a mining license, enters the state planned mining area, mines in the mining area with important value to the national economy and other mining areas, or mines specific minerals that are protected by the state regulations, 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
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