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How to dig mineral resources during construction

Publish: 2021-04-18 13:45:37
1. The impact of mining proction on the environment includes soil erosion, land subsidence caused by mines, destruction of biodiversity and groundwater pollution caused by wastewater containing chemicals in the mining process
the state has strict laws and regulations on environmental protection and restoration of the surface state of mining instry, which ensure that the mining area should be restored to its original state, or even better than the environment before mining. In countries where the past mining methods are not strictly restricted, the mining instry will cause irreparable harm to the environment and affect human health.
2.

[unlicensed mining] refers to the act of mining mineral resources without a mining license. It mainly includes: Mining in the national planning mining area without authorization; Unauthorized access to mining areas of great value to the national economy; Mining without authorization the specific minerals which are protected by the state regulations; Mining all mineral resources except the above without authorization. The civil liability of unlicensed mining mainly includes stopping mining and compensating for losses. To stop mining is to order the unlicensed mining actor to stop mining. When unlicensed mining occurs in an area where no exploration right or mining right has been set, the compensation for the loss is the compensation for the state as the owner of mineral resources, and the scope of compensation includes the compensation for mineral resources and the cost of paid acquisition; When unlicensed mining occurs in the area where the exploration right and mining right have been set, that is, mining within the mining area of others, the compensation for the loss is the compensation for the state and the mining right owner as the owner of mineral resources, and the compensation for the mining right owner is the actual loss. The administrative responsibility of unlicensed mining refers to the administrative responsibility of unlicensed mining. It mainly includes three kinds of punishment measures: confiscating the mined mineral procts and illegal income; Fines; The mining license shall be revoked for mining beyond the approved mining area. The criminal responsibility of unlicensed mining refers to the criminal responsibility of unlicensed mining actor. According to the provisions of the criminal law and the mineral resources law, anyone who mines without obtaining a mining license, enters a state planned mining area, mines in a mining area of great value to the national economy or other people's mining area, mines a specific type of mine for which protective mining is prescribed by the state or mines beyond the approved mining area, if the circumstances are serious, shall constitute the crime of illegal mining. 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; 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

[cross border mining behavior] refers to the behavior that the mining right holder who has obtained the mining right goes beyond the scope of the mining area approved by the mining registration authority without authorization and mines mineral resources outside the scope of his own mining area. In essence, it is also mining without license

[printing or forging mining license without authorization] refers to the illegal printing and proction of mining license by other units or indivials without proction right, except the land and resources administration department of the State Council. It also includes the alteration, erasure and patchwork of the real mining license. Using the mining license falsely means that the non mining right holder uses the mining license of others to conct illegal mining activities. If the mining license is printed, forged or falsely used without authorization, the actor is basically motivated to obtain economic benefits, and the corresponding administrative penalty is mainly property penalty, that is, confiscating all illegal income and imposing a fine of less than 100000 yuan. Forgery and alteration of mining license is a serious illegal act. If it constitutes a crime, criminal responsibility should be investigated in accordance with Article 280 of the criminal law

[mining right holder's failure to pay fees on time] refers to the legal liability of the mining right holder for failing to pay the mining right use fee or mining right price and mineral resources compensation fee within the specified time or according to the specified time and standard. The legal liability of the mining right owner for not paying the fees on time is mainly administrative liability, including: applying for disciplinary punishment (ordering to pay within a time limit); applying for disciplinary punishment (ordering to pay within a time limit); Property penalty (plus overe fine); Capacity penalty (revocation of mining license)

[mining right holder refuses to accept supervision and inspection] refers to the legal responsibility of the mining right holder who fails to accept the supervision and inspection of the mining registration authority in accordance with the national regulations or commits fraud in the process of supervision and inspection (such as failing to submit the annual report as required, refusing to accept supervision and inspection or the situation reflected is inconsistent with the actual situation). The specific punishment includes order to stop the illegal act, warning and fine. If the circumstances are serious, the mining license may be revoked

[failing to go through the proceres for changing the mining license in accordance with the provisions] when the legal reasons such as changing the scope of the mining area, changing the main mining minerals, changing the mining method, transferring the mining right, and changing the name or address of the mining right holder occur, it is an illegal act to change the mining license without applying to the mining registration authority for change registration and going through the proceres for change. The legal liability of this kind of illegal behavior includes disciplinary punishment and ability punishment. Among them, failing to go through the proceres for cancellation of mining license in accordance with the provisions is an illegal act of failing to go through the proceres for cancellation of mining license with the mining registration authority in accordance with the provisions when legal reasons such as mine suspension and mine closure occur. The legal liability of this kind of illegal behavior includes disciplinary punishment and ability punishment

[destroying or moving boundary markers of mining area] refers to the legal liability for the illegal acts of destroying boundary markers or ground signs of mining area and moving boundary markers or ground signs of mining area without authorization. The legal liabilities for such illegal acts include applying for disciplinary punishment (restoring the damaged or moved boundary posts or ground signs within a time limit) and property punishment (imposing a fine of less than 30000 yuan)

[unauthorized transfer of mining right] refers to the act of transferring the mining right without the approval of the administrative organ of mining right transfer. In accordance with the law, those who transfer mining rights without authorization shall be ordered to make corrections by the registration authority, their illegal income shall be confiscated, and a fine of less than 100000 yuan shall be imposed; If the circumstances are serious, the original license issuing organ shall revoke the mining license

[violation of law by staff of mining registration administration organ] refers to the violation of mineral resources laws and regulations by state staff engaged in mineral resources mining registration administration, including the land and resources administration department of the State Council, the people's governments of provinces (autonomous regions and municipalities directly under the central government) and the land and resources administration departments of municipal and County People's governments. Among them, the staff members of the mining registration and administration organ engage in malpractice for personal gain, which means that the staff members of the mining registration and administration organ intentionally violate the law and facts, and bend the law to deal with or make decisions. The abuse of power by the staff of the mining registration and administration organ refers to the behavior of the staff of the mining registration and administration organ in violation of the provisions of the measures for the registration and administration of mineral resources exploitation or in excess of the statutory authority to exercise power. The dereliction of ty of the staff of the mining registration and administration organ refers to that the staff of the mining registration and administration organ does not perform or does not correctly perform the ties specified in the measures for the registration and administration of mining of mineral resources, which belongs to administrative omission

3. 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 stipulates that article 3 the value of damage to mineral resources caused by illegal mining, with an amount of more than 50000 yuan, 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
Article 4 in the second paragraph of article 343 of the criminal law, "mining mineral resources with destructive mining methods" refers to the act of the actor mining mineral resources in violation of the mineral resources development and utilization plan examined and approved by the Department in charge of Geology and mineral resources, and causing 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 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 conviction and sentencing standards for the crimes of illegal mining and destructive mining committed by a unit 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 to 100000 yuan and 300000 to 500000 yuan, and report to the Supreme People's court for record.
4. B answer analysis: Budget quota refers to the social average consumption standard of labor, materials and machinery shifts required for the proction of qualified structural parts and subdivisional works of a specified unit of measurement under reasonable construction organization design and normal construction conditions. Budget quota is an important technical and economic document in engineering construction. It is the main basis for the preparation of construction drawing budget and the basis for determining and controlling the construction cost.
5. Mining is the technology and science of mining mineral resources from the earth's crust and surface. Mining in a broad sense also includes the exploitation of coal and oil. Mining instry is an important raw material instry, metal ore is the main raw material of smelting instry, non-metal ore is an important chemical raw material and building materials
development and mining process
the ore deposit development steps are shown in the figure. The mining of ore deposit includes two major projects: infrastructure development project and proction mining project. A series of roadways or gullies should be excavated to reach the ore body in underground mine development, and a complete mining proction system should be built and put into proction. There are two kinds of mining proction process:

main proction process

Mining
including: ① mining preparation, cutting, preparing proction conditions for mining. ② The ore is broken and loaded into transport containers. Underground mining includes ore caving and ore drawing (see underground mining method); Open pit mining includes perforation, blasting and mining and loading operations (see open pit mining method). ③ Transport, transport the ore loaded into transport containers to the concentrator or bin (see mine lifting, mine transport, open pit transport). ④ Manage roadway pressure, shaft pressure, stope pressure and open pit slope. ⑤ In the process of ore transportation, ore is mixed evenly through ore bin and stack to ensure the stable quality of ore. ⑥ The waste rock proced by roadway excavation and stripping is discharged to the waste rock yard
e to the different geological and technical conditions of the deposit, there are many kinds of mining methods. Different mining methods have different mining process, mining machinery and equipment, roadway layout and mining sequence. Improper selection of mining methods will affect the technical indexes and economic benefits of mine proction for a long time. In order to obtain the best economic effect, the appropriate mechanical equipment must be selected for each main proction process.
6. It is necessary to stop work immediately, report to the cultural relics department and relevant leaders, and the public security shall dispatch to recover the cultural relics. The construction party shall cooperate with the cultural relics department to do a good job in excavation and cleaning up, and the construction party shall be responsible for the expenses. The specific legal basis is as follows:

Article 18 when carrying out a large-scale capital construction project, the construction unit shall, together with the cultural administration departments of provinces, autonomous regions and municipalities directly under the central government, carry out the investigation or exploration of cultural relics in places where cultural relics may be buried within the scope of the project. If cultural relics are found in the course of investigation and exploration, the handling measures shall be jointly agreed upon. In case of any important discovery, the cultural administrative department of the province, autonomous region or municipality directly under the central government shall report it to the state cultural administrative department for handling
in the course of capital construction projects or agricultural proction, any unit or indivial who discovers cultural relics should immediately report to the local cultural administrative department.
7. The
gradient of grading
should be within the scope of safe construction
the drainage should meet the local climate
the quality of soil materials
after the inspection by the survey unit
the soil to be replaced must be replaced
the safety of machinery
the earthwork accumulation place
8. First of all, whose responsibility should be clearly divided into who has the fault and the size of the fault. This can be divided into three situations: 1. The other party has fault; 2. There is fault on one's own side; 3. Both parties are at fault. 4. There's no fault. Your situation may be that of Article 106, 107 and 132 Article 107 of the general principles of the civil law of the people's Republic of China, where a contract cannot be performed or damage is caused to another person e to force majeure, no civil liability shall be borne, except as otherwise provided by law< Article 117 in case of damage to the property of the state, a collective or another person, it shall be restored to its original state or compensated at a discount< Article 131 If the victim is also at fault for the occurrence of the damage, the civil liability of the infringer may be reced. Article 132 If none of the parties is at fault for causing damage, the parties may share the civil liability according to the actual situation.
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