Mining without permission to steal national resources
Publish: 2021-04-22 08:11:58
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 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
2. There is no accusation of stealing state resources in China's criminal law, so there is no provision of sentencing. As mentioned above, it may belong to the crime of theft or illegal mining< According to Article 264 of the criminal law, larceny refers to the act of secretly stealing a large amount of public or private property for the purpose of illegal possession, or repeatedly stealing, burglary, theft with lethal weapons, pickpocketing public or private property< Specific sentencing standards:
(1) the amount of personal theft of public and private property is relatively large, starting from 1000 to 3000 yuan. 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
(2) the amount of personal theft of public and private property is "huge", starting from 30000 yuan to 100000 yuan. They shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined
(3) the amount of personal theft of public and private property is particularly huge, starting from 300000 yuan to 500000 yuan. He shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment and shall also be fined or have his property confiscated< 2. The crime of illegal mining Article 343 of the criminal law of the people's Republic of China on the crime of illegal mining 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
Whoever commits this crime 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.
(1) the amount of personal theft of public and private property is relatively large, starting from 1000 to 3000 yuan. 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
(2) the amount of personal theft of public and private property is "huge", starting from 30000 yuan to 100000 yuan. They shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined
(3) the amount of personal theft of public and private property is particularly huge, starting from 300000 yuan to 500000 yuan. He shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment and shall also be fined or have his property confiscated< 2. The crime of illegal mining Article 343 of the criminal law of the people's Republic of China on the crime of illegal mining 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
Whoever commits this crime 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.
3. In the Three Kingdoms period, Liu Bei occupied Shu and established Shu state. After his death, his son Liu Chan succeeded to the throne, also known as Liu a dou. Liu Chan was fatuous and incompetent. After the death of those talented ministers, Shu was destroyed by Wei in 263 ad. After the surrender of Liu Chan, Cao Mao (M á o) He was granted the title of "Anle Gong", who had no real power in food and salary, and moved to Xuchang, the capital of Wei state
the king of Wei had no real power of his own, and Sima Zhao was in charge. At a banquet, Sima Zhao deliberately arranged to perform songs and dances in Sichuan in front of Liu Chan. Liu Chan's entourage was very sad when they thought of the perishing country. However, Liu Chan said to Sima Zhao, "I'm happy here, but I don't think about Shu." He didn't miss Shu at all
according to this story, people use the idiom "happy but not homesick" to describe some people who are content with the status quo and are happy but forget to return. Also describes some people happy and forget their roots< This idiom comes from the novel biography of Nanke Taishou written by Li Gongzuo in the ninth century AD
there is a man named Chunyu who likes to drink. In his courtyard, there is a big locust tree with deep roots and leaves. On a midsummer night, the moon is bright and the stars are sparse, the evening wind is blowing, and the shadow of the tree is whirling. It is a good place to enjoy the cool
on Chunyu's birthday, all his relatives and friends came to celebrate his birthday. He was so happy that he drank more wine. At night, relatives and friends all went back. Chunyupeng, with a little drunk, took a rest under the big locust tree and fell asleep unconsciously
in his dream, Chunyu was invited by two envoys to enter a tree cave. Inside the cave, there is a sunny day and a beautiful day. It is known as the great Huai kingdom. Just in time for the official selection examination in Beijing, he also signed up. After three tests, the article was very easy to write. When the results of the examination were announced, he came in first. Then the emperor had an interview. The emperor saw that Chunyu was very handsome, talented and loved him very much, so he named him the number one scholar and married the princess to him. The number one scholar Lang became the son-in-law Lang, and it was widely spread in the capital for a time
after marriage, the couple are very happy. Soon after, chunyufen was sent to Nanke County by the emperor as the prefect. Chunyufen was diligent in administration and loved the people. He often went to the territory to investigate and inspect the work of his subordinates. The administration was very clean and effective, which was greatly praised by the local people. Thirty years later, chunyufen's achievements are well-known all over the country. He also has five men, two women and seven children. He is very proud of his life. The emperor wanted to transfer chunyufen back to the capital for promotion several times. When the local people heard about it, they rushed to the streets to block the Marshal's carriage and forced him to succeed in Nanke. Chunyufen was moved by the love of the common people, so he had to stay and explained the situation to the emperor. When the emperor appreciated his achievements, he rewarded him with a lot of gold and silver
one year, the state of Luoluo sent troops to invade the state of Dahuai. The generals of Dahuai were ordered to meet the enemy, but they were defeated several times. When the news of defeat spread to the capital, the emperor was shocked and hastened to summon civil and military officials to discuss countermeasures. The ministers heard that the front-line military had been defeated many times, and the enemy was approaching the capital. They were extremely fierce, and each one of them was as scared as the earth. Look at me, look at you, they are helpless
the emperor looked at the minister's appearance and said angrily, "you usually treat yourself with dignity and enjoy all your splendor. Once something happens to the country, you will become a mouthless gourd. What's the use of being timid and timid?"
at this time, the prime minister thought of chunyufen, the outstanding governor of Nanke, and recommended him to the emperor. The emperor immediately ordered Chunyu to command the country's elite troops to fight against the enemy< After receiving the emperor's order, Chunyu immediately set out to fight. But he knew nothing about the art of war. As soon as he fought with the enemy, he was beaten to the ground. His troops suffered heavy losses, and he almost became a prisoner himself. When the emperor heard the news, he was very disappointed and ordered chunyufen to be removed from all his posts, demoted to civilian and sent back to his hometown. Chunyufen thought that his fame had been destroyed in his whole life. He was ashamed and indignant. He cried out and woke up from his dream. He looked for the big locust country according to his dream. It turned out that it was an ant cave under the big locust tree, where a group of ants were living
"Nanke's dream" sometimes means that life is like a dream, wealth and power are illusory< In 496 BC, a war broke out between Wu state and Yue State in the lower reaches of the Yangtze River e to minor grievances! Gou Jian, the young king of Yue, defeated the Wu army with Fan Li as his military adviser, and the old king of Wu also died of serious injuries! The young Fu Chai ascended the throne. He vowed to destroy Yue. Three years later, Fu Chai led the army to attack Yue. After the two sides fought, the more defeated Wu was, the more victorious Wu was. Wen Zhong bribed and alienated Wu Minister Bo Chu and Fu Chai, and finally let her husband have a heart of benevolence and never destroy Yue. Yue was preserved. Gou Jian led the queen and Fan Li into Wu as slaves. After three years as a slave, Fu Chai fell ill. Fan Li seized the opportunity to let Gou Jian find the source of the disease for Fu Chai's taste of feces, which thoroughly influenced Fu Chai and released Gou Jian. Back in the state of Yue, Gou Jian sleeps on firewood and hangs a rope on the beam. At one end of the rope is tied a pig's gall. When he wakes up every day, the first thing for Gou Jian is to taste the gall first! For twenty years, he has never changed, every day. In 473 BC, Gou Jian secretly gathered 30000 soldiers from the people and besieged Gusu city in one fell swoop. At this time, Fu Chai had 50000 troops, but he did not dare to go out of the city to fight because of the difficulty in providing food and grass. Gou Jian created a miracle in the history of human kings! He worked hard to make a strong country, and created the myth of fighting the big with the small, winning the strong with the weak, and beating the stone with the egg! Goujian's superhuman will may have more human significance< One summer, Cao Cao led his troops to fight against Zhang Xiu. The weather was unusually hot, the sun was scorching, and there was no cloud in the sky. The troops were walking on the winding mountain road, with dense trees on both sides and rocks scalded by the sun. At noon, the soldiers' clothes were soaked and the marching speed slowed down. Several weak soldiers fainted on the side of the road
seeing that the marching speed was getting slower and slower, Cao Cao was worried about delaying the battle. However, now tens of thousands of people can't even drink water, how can they speed up? He immediately called the guide and asked him quietly, "is there a water source near here?" The guide shook his head and said, "the spring is on the other side of the valley. It's a long way to go by." Cao Cao thought for a moment and said, "no, it's too late." He looked at the woods in front of him, thought for a while, and said to the guide, "don't say anything. I'll find a way." He knew that it would be useless to order the troops to speed up at the moment. As soon as he thought about it, he quickly got to the front of the team, pointed to the front with his whip and said, "soldiers, I know there is a large area of plum grove in front, where the plums are big and delicious. Let's hurry up and get around the hill to get to plum grove!" As soon as the soldiers heard it, they seemed to have eaten it. They were in high spirits, and their pace quickened a lot
the story is from a new account of the world: false treachery. The idiom "looking at the plum to quench thirst" refers to comforting oneself or others with fantasy
grief is everywhere
explanation: it refers to the victims who are groaning and wandering. AI Hong: the wailing wild goose.
there is a poem entitled "Hong Yan" in Xiaoya, the book of songs. Two of them are: "wild geese are flying, whining and whining."
it means: geese can't find a place to settle down, they fly aimlessly and cry sadly. It describes the miserable scene of the displaced refugees groaning for help
because of these two poems, people later called the refugees who could not live in peace "Ai Hong"; There are so many people suffering, almost everywhere, that is to say, "mourning the flood everywhere" or "mourning the flood everywhere"
in the original poem, the word "Ao Ao" in "Wai Wu Ao Ao" is often used to describe the noisy sound of crying, crying and starving, such as "wailing for food"
love the house and the dog
explanation: it means to love a person and care about the people or things related to him
according to legend, King Zhou of Shang Dynasty in the last period of yin and Shang Dynasty was a despotic king who was extravagant, lustful and cruel (see "helping Zhou to do evil")“ Xibo (the head of the Western Princes) Jichang, the later King Wen of Zhou, was imprisoned because he opposed King Zhou. He thought of many ways to get out of prison. At that time, the capital of Zhou was in Qishan (now Qishan County, Shaanxi Province). After returning to Qishan, King Wen of Zhou was determined to overthrow the rule of Shang Dynasty. He first employed Jiang Shang (i.e. Jiang Taigong), a military strategist, as his military adviser, actively trained his troops and prepared for war, and then merged several neighboring vassals and small countries, graally gaining strength. Then, he moved the capital to Fengyi (now near Huxian County, Shaanxi Province) to March eastward. However, soon after moving the capital, King Wen of Zhou died
Jifa, the son of King Wen of Zhou, succeeded to the throne, namely King Wu of Zhou. Jiang Taigong continued to serve as a military adviser. King Wu's brother Ji Dan (Duke of Zhou) and his brother Ji Yu [sh] ì 〕 Zhao Gong was the two right-hand assistants of King Wu. At the same time, King Wu was supported by several other princes. Therefore, King Wu officially announced that he would send troops to sube Zhou. The army crossed the Yellow River in Mengjin (now a yellow river ferry in the south of Mengxian County in Henan Province) and marched toward the northeast, which was the song of the Shang Dynasty (now the northeast of Qixian County in Henan Province). Because King Zhou of Shang Dynasty had lost his heart, and most of the army didn't want to die for him, so the fleeing, the descending, the uprising and the Chaoge were soon conquered. When King Zhou committed suicide, the Shang Dynasty perished. After 800 years, it became the world of Zhou Dynasty, which is called Zhou Dynasty
when King Wu of Zhou conquered the Song Dynasty, he was worried about how to deal with the powerful officials, nobles and officials left over from the Shang Dynasty and whether the situation could be stabilized. For this reason, he discussed with Jiang Taigong and others. In Shuoyuan Guifa compiled by Liu Xiang of the Han Dynasty, there is a written record:
"King Wu conquered Yin, summoned Taigong and asked," what are the general Naiqi scholars? " Taigong said to him, "when I hear that I love him, I also love the black in the house; Those who hate others hate others. How can we do that? " The main idea is: King Wu of Zhou defeated Yin merchants, summoned Jiang Taigong and asked, "how should we treat their personnel?" Tai Gong replied, "I heard that if you like that person, you will love the crows in his house; If you hate that man, you will take his servants and family officials. What do you think of killing all the hostile elements and leaving none of them
the so-called "Yu Xu" in the original text refers to the petty officials with the lowest status, the housekeepers of slave owners and nobles and so on The meaning of Yu, Mo, etc; Xu; Petty officials.)
there is a similar record in "Shangshu Da Zhuan · Da Zhan" compiled by Fu Sheng of Han Dynasty: "when Zhou died, the king of Wu was in a state of uncertainty. He called the Duke and asked, "how can I enter yin?" the ke said, "I have heard about it; He who loves others is the black in the house; Those who don't love each other have more than enough. "
this record is similar to that in Shuoyuan. However, the meaning of the word "Yu Xu" is different from that of "Xu Yu"“ Xu Yu
the king of Wei had no real power of his own, and Sima Zhao was in charge. At a banquet, Sima Zhao deliberately arranged to perform songs and dances in Sichuan in front of Liu Chan. Liu Chan's entourage was very sad when they thought of the perishing country. However, Liu Chan said to Sima Zhao, "I'm happy here, but I don't think about Shu." He didn't miss Shu at all
according to this story, people use the idiom "happy but not homesick" to describe some people who are content with the status quo and are happy but forget to return. Also describes some people happy and forget their roots< This idiom comes from the novel biography of Nanke Taishou written by Li Gongzuo in the ninth century AD
there is a man named Chunyu who likes to drink. In his courtyard, there is a big locust tree with deep roots and leaves. On a midsummer night, the moon is bright and the stars are sparse, the evening wind is blowing, and the shadow of the tree is whirling. It is a good place to enjoy the cool
on Chunyu's birthday, all his relatives and friends came to celebrate his birthday. He was so happy that he drank more wine. At night, relatives and friends all went back. Chunyupeng, with a little drunk, took a rest under the big locust tree and fell asleep unconsciously
in his dream, Chunyu was invited by two envoys to enter a tree cave. Inside the cave, there is a sunny day and a beautiful day. It is known as the great Huai kingdom. Just in time for the official selection examination in Beijing, he also signed up. After three tests, the article was very easy to write. When the results of the examination were announced, he came in first. Then the emperor had an interview. The emperor saw that Chunyu was very handsome, talented and loved him very much, so he named him the number one scholar and married the princess to him. The number one scholar Lang became the son-in-law Lang, and it was widely spread in the capital for a time
after marriage, the couple are very happy. Soon after, chunyufen was sent to Nanke County by the emperor as the prefect. Chunyufen was diligent in administration and loved the people. He often went to the territory to investigate and inspect the work of his subordinates. The administration was very clean and effective, which was greatly praised by the local people. Thirty years later, chunyufen's achievements are well-known all over the country. He also has five men, two women and seven children. He is very proud of his life. The emperor wanted to transfer chunyufen back to the capital for promotion several times. When the local people heard about it, they rushed to the streets to block the Marshal's carriage and forced him to succeed in Nanke. Chunyufen was moved by the love of the common people, so he had to stay and explained the situation to the emperor. When the emperor appreciated his achievements, he rewarded him with a lot of gold and silver
one year, the state of Luoluo sent troops to invade the state of Dahuai. The generals of Dahuai were ordered to meet the enemy, but they were defeated several times. When the news of defeat spread to the capital, the emperor was shocked and hastened to summon civil and military officials to discuss countermeasures. The ministers heard that the front-line military had been defeated many times, and the enemy was approaching the capital. They were extremely fierce, and each one of them was as scared as the earth. Look at me, look at you, they are helpless
the emperor looked at the minister's appearance and said angrily, "you usually treat yourself with dignity and enjoy all your splendor. Once something happens to the country, you will become a mouthless gourd. What's the use of being timid and timid?"
at this time, the prime minister thought of chunyufen, the outstanding governor of Nanke, and recommended him to the emperor. The emperor immediately ordered Chunyu to command the country's elite troops to fight against the enemy< After receiving the emperor's order, Chunyu immediately set out to fight. But he knew nothing about the art of war. As soon as he fought with the enemy, he was beaten to the ground. His troops suffered heavy losses, and he almost became a prisoner himself. When the emperor heard the news, he was very disappointed and ordered chunyufen to be removed from all his posts, demoted to civilian and sent back to his hometown. Chunyufen thought that his fame had been destroyed in his whole life. He was ashamed and indignant. He cried out and woke up from his dream. He looked for the big locust country according to his dream. It turned out that it was an ant cave under the big locust tree, where a group of ants were living
"Nanke's dream" sometimes means that life is like a dream, wealth and power are illusory< In 496 BC, a war broke out between Wu state and Yue State in the lower reaches of the Yangtze River e to minor grievances! Gou Jian, the young king of Yue, defeated the Wu army with Fan Li as his military adviser, and the old king of Wu also died of serious injuries! The young Fu Chai ascended the throne. He vowed to destroy Yue. Three years later, Fu Chai led the army to attack Yue. After the two sides fought, the more defeated Wu was, the more victorious Wu was. Wen Zhong bribed and alienated Wu Minister Bo Chu and Fu Chai, and finally let her husband have a heart of benevolence and never destroy Yue. Yue was preserved. Gou Jian led the queen and Fan Li into Wu as slaves. After three years as a slave, Fu Chai fell ill. Fan Li seized the opportunity to let Gou Jian find the source of the disease for Fu Chai's taste of feces, which thoroughly influenced Fu Chai and released Gou Jian. Back in the state of Yue, Gou Jian sleeps on firewood and hangs a rope on the beam. At one end of the rope is tied a pig's gall. When he wakes up every day, the first thing for Gou Jian is to taste the gall first! For twenty years, he has never changed, every day. In 473 BC, Gou Jian secretly gathered 30000 soldiers from the people and besieged Gusu city in one fell swoop. At this time, Fu Chai had 50000 troops, but he did not dare to go out of the city to fight because of the difficulty in providing food and grass. Gou Jian created a miracle in the history of human kings! He worked hard to make a strong country, and created the myth of fighting the big with the small, winning the strong with the weak, and beating the stone with the egg! Goujian's superhuman will may have more human significance< One summer, Cao Cao led his troops to fight against Zhang Xiu. The weather was unusually hot, the sun was scorching, and there was no cloud in the sky. The troops were walking on the winding mountain road, with dense trees on both sides and rocks scalded by the sun. At noon, the soldiers' clothes were soaked and the marching speed slowed down. Several weak soldiers fainted on the side of the road
seeing that the marching speed was getting slower and slower, Cao Cao was worried about delaying the battle. However, now tens of thousands of people can't even drink water, how can they speed up? He immediately called the guide and asked him quietly, "is there a water source near here?" The guide shook his head and said, "the spring is on the other side of the valley. It's a long way to go by." Cao Cao thought for a moment and said, "no, it's too late." He looked at the woods in front of him, thought for a while, and said to the guide, "don't say anything. I'll find a way." He knew that it would be useless to order the troops to speed up at the moment. As soon as he thought about it, he quickly got to the front of the team, pointed to the front with his whip and said, "soldiers, I know there is a large area of plum grove in front, where the plums are big and delicious. Let's hurry up and get around the hill to get to plum grove!" As soon as the soldiers heard it, they seemed to have eaten it. They were in high spirits, and their pace quickened a lot
the story is from a new account of the world: false treachery. The idiom "looking at the plum to quench thirst" refers to comforting oneself or others with fantasy
grief is everywhere
explanation: it refers to the victims who are groaning and wandering. AI Hong: the wailing wild goose.
there is a poem entitled "Hong Yan" in Xiaoya, the book of songs. Two of them are: "wild geese are flying, whining and whining."
it means: geese can't find a place to settle down, they fly aimlessly and cry sadly. It describes the miserable scene of the displaced refugees groaning for help
because of these two poems, people later called the refugees who could not live in peace "Ai Hong"; There are so many people suffering, almost everywhere, that is to say, "mourning the flood everywhere" or "mourning the flood everywhere"
in the original poem, the word "Ao Ao" in "Wai Wu Ao Ao" is often used to describe the noisy sound of crying, crying and starving, such as "wailing for food"
love the house and the dog
explanation: it means to love a person and care about the people or things related to him
according to legend, King Zhou of Shang Dynasty in the last period of yin and Shang Dynasty was a despotic king who was extravagant, lustful and cruel (see "helping Zhou to do evil")“ Xibo (the head of the Western Princes) Jichang, the later King Wen of Zhou, was imprisoned because he opposed King Zhou. He thought of many ways to get out of prison. At that time, the capital of Zhou was in Qishan (now Qishan County, Shaanxi Province). After returning to Qishan, King Wen of Zhou was determined to overthrow the rule of Shang Dynasty. He first employed Jiang Shang (i.e. Jiang Taigong), a military strategist, as his military adviser, actively trained his troops and prepared for war, and then merged several neighboring vassals and small countries, graally gaining strength. Then, he moved the capital to Fengyi (now near Huxian County, Shaanxi Province) to March eastward. However, soon after moving the capital, King Wen of Zhou died
Jifa, the son of King Wen of Zhou, succeeded to the throne, namely King Wu of Zhou. Jiang Taigong continued to serve as a military adviser. King Wu's brother Ji Dan (Duke of Zhou) and his brother Ji Yu [sh] ì 〕 Zhao Gong was the two right-hand assistants of King Wu. At the same time, King Wu was supported by several other princes. Therefore, King Wu officially announced that he would send troops to sube Zhou. The army crossed the Yellow River in Mengjin (now a yellow river ferry in the south of Mengxian County in Henan Province) and marched toward the northeast, which was the song of the Shang Dynasty (now the northeast of Qixian County in Henan Province). Because King Zhou of Shang Dynasty had lost his heart, and most of the army didn't want to die for him, so the fleeing, the descending, the uprising and the Chaoge were soon conquered. When King Zhou committed suicide, the Shang Dynasty perished. After 800 years, it became the world of Zhou Dynasty, which is called Zhou Dynasty
when King Wu of Zhou conquered the Song Dynasty, he was worried about how to deal with the powerful officials, nobles and officials left over from the Shang Dynasty and whether the situation could be stabilized. For this reason, he discussed with Jiang Taigong and others. In Shuoyuan Guifa compiled by Liu Xiang of the Han Dynasty, there is a written record:
"King Wu conquered Yin, summoned Taigong and asked," what are the general Naiqi scholars? " Taigong said to him, "when I hear that I love him, I also love the black in the house; Those who hate others hate others. How can we do that? " The main idea is: King Wu of Zhou defeated Yin merchants, summoned Jiang Taigong and asked, "how should we treat their personnel?" Tai Gong replied, "I heard that if you like that person, you will love the crows in his house; If you hate that man, you will take his servants and family officials. What do you think of killing all the hostile elements and leaving none of them
the so-called "Yu Xu" in the original text refers to the petty officials with the lowest status, the housekeepers of slave owners and nobles and so on The meaning of Yu, Mo, etc; Xu; Petty officials.)
there is a similar record in "Shangshu Da Zhuan · Da Zhan" compiled by Fu Sheng of Han Dynasty: "when Zhou died, the king of Wu was in a state of uncertainty. He called the Duke and asked, "how can I enter yin?" the ke said, "I have heard about it; He who loves others is the black in the house; Those who don't love each other have more than enough. "
this record is similar to that in Shuoyuan. However, the meaning of the word "Yu Xu" is different from that of "Xu Yu"“ Xu Yu
4. Those who illegally steal state mineral resources are suspected of the crime of illegal mining
Article 343 of the criminal law stipulates that anyone who, in violation of the provisions of the mineral resources law, mines without a mining license, enters a state planned mining area, a mining area of great value to the national economy or another person's mining area, or mines a specific type of mineral that is protected 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 shall be imposed with or without a fine; 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
Article 1 of 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 violates the provisions of the mineral resources law. If illegal mining is under any 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, (1) mining without a mining license< (2) mining without authorization in the state planned mining areas, mining areas of great value to the national economy and other mining areas< (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< (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 343 of the criminal law stipulates that anyone who, in violation of the provisions of the mineral resources law, mines without a mining license, enters a state planned mining area, a mining area of great value to the national economy or another person's mining area, or mines a specific type of mineral that is protected 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 shall be imposed with or without a fine; 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
Article 1 of 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 violates the provisions of the mineral resources law. If illegal mining is under any 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, (1) mining without a mining license< (2) mining without authorization in the state planned mining areas, mining areas of great value to the national economy and other mining areas< (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< (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.
5. ① Whoever, in violation of the provisions of the mineral resources law, mines without a mining license, enters a state planned mining area or a mining area of great value to the national economy, or mines a specific type of mineral for which protective mining is prescribed by the state, shall be ordered to stop mining, compensate for losses, confiscate the mined mineral procts and illegal income, and 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< (2) 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 paragraph< (3) if mining beyond the approved mining area, it shall be ordered to return to the mining area for mining and compensate for losses, and the mineral procts and illegal income from cross-border mining shall be confiscated and a fine may be imposed; Those who refuse to return to the mining area for mining and cause damage to mineral resources shall have their mining license revoked and the persons directly responsible shall be investigated for criminal responsibility in accordance with the provisions of Article 156 of the criminal law< (4) those who steal or snatch mineral procts or other property of mining enterprises or exploration units, damage mining and exploration facilities, or disturb the proction and work order of mining areas and exploration areas shall be investigated for criminal responsibility in accordance with the relevant provisions of the criminal law; If the circumstances are obviously minor, the offender shall be punished in accordance with the relevant provisions of the regulations on administrative penalties for public security< (5) if mineral resources are sold, leased or transferred in other forms, the illegal income shall be confiscated and a fine shall be imposed< If anyone, in violation of the provisions of Article 6 of this law, resells the exploration right or mining right for profit, his exploration license or mining license shall be revoked, his illegal income shall be confiscated and he shall be fined< (6) those who purchase and sell the mineral procts uniformly purchased by the state in violation of the provisions of this Law shall have their mineral procts and illegal income confiscated and may also be fined; If the circumstances are serious, criminal responsibility shall be investigated in accordance with the provisions of articles 117 and 118 of the criminal law< (7) those who, in violation of the provisions of this law, adopt destructive mining methods to exploit mineral resources shall be fined and their mining license may be revoked; If serious damage is caused to mineral resources, the person directly responsible shall be investigated for criminal responsibility in accordance with the provisions of Article 156 of the criminal law< (8) the administrative penalties prescribed in articles 39, 40 and 42 of this Law shall be decided by the Department in charge of the administration of Geology and mineral resources of the people's government at or above the county level within the limits of authority prescribed by the Department in charge of Geology and mineral resources under the State Council. The administrative penalty prescribed in Article 43 shall be decided by the administrative department for Instry and Commerce of the people's government at or above the county level. The administrative penalty prescribed in Article 44 shall be decided by the Department in charge of Geology and mineral resources of the people's Government of the province, autonomous region or municipality directly under the central government. The punishment of revoking the exploration license or mining license shall be decided by the original license issuing organ<
If an administrative penalty should be imposed in accordance with the provisions of articles 39, 40, 42 and 44, but no administrative penalty is imposed, the Department in charge of Geology and mineral resources of the people's government at a higher level shall have the right to order correction or directly impose administrative penalty< (9) if a party refuses to accept the decision on administrative penalty, he or she may apply for reconsideration or bring a suit directly to the people's court in accordance with the law
If a party neither applies for reconsideration nor brings a lawsuit to the people's court within the time limit, nor complies with the punishment decision, the organ that made the punishment decision shall apply to the people's court for compulsory execution< (10) state functionaries and other relevant state functionaries in charge of the supervision and administration of mineral resources exploration and mining commit irregularities for personal gain, abuse their power or neglect their ties, approve exploration and mining of mineral resources and issue exploration and mining licenses in violation of the provisions of this law, or fail to stop or punish illegal mining activities according to law, thus constituting a crime, Investigate criminal responsibility according to law; If it does not constitute a crime, administrative sanctions shall be imposed. The Department in charge of Geology and mineral resources of the people's government at a higher level shall have the right to cancel the exploration license and mining license illegally issued.
If an administrative penalty should be imposed in accordance with the provisions of articles 39, 40, 42 and 44, but no administrative penalty is imposed, the Department in charge of Geology and mineral resources of the people's government at a higher level shall have the right to order correction or directly impose administrative penalty< (9) if a party refuses to accept the decision on administrative penalty, he or she may apply for reconsideration or bring a suit directly to the people's court in accordance with the law
If a party neither applies for reconsideration nor brings a lawsuit to the people's court within the time limit, nor complies with the punishment decision, the organ that made the punishment decision shall apply to the people's court for compulsory execution< (10) state functionaries and other relevant state functionaries in charge of the supervision and administration of mineral resources exploration and mining commit irregularities for personal gain, abuse their power or neglect their ties, approve exploration and mining of mineral resources and issue exploration and mining licenses in violation of the provisions of this law, or fail to stop or punish illegal mining activities according to law, thus constituting a crime, Investigate criminal responsibility according to law; If it does not constitute a crime, administrative sanctions shall be imposed. The Department in charge of Geology and mineral resources of the people's government at a higher level shall have the right to cancel the exploration license and mining license illegally issued.
6. Article 343 of the criminal law stipulates the crime of illegal mining as follows: "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 to mine 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. " It can be seen from the above provisions that the crime of illegal mining does not limit the subjective purpose of the perpetrator. The perpetrator's subjective purpose can be illegal possession, illegal profit, or other purposes. No matter what the purpose is, the object of this kind of behavior is the state's management order of mineral resources.
7. Under the specific, detailed and comprehensive understanding of Article 39 of the mineral resources law of the people's Republic of China, those who violate the provisions of this law, mine without a mining license, enter the state planned mining area without authorization, mine within the mining area of great value to the national economy, and mine specific minerals that are protected by the state regulations shall be ordered to stop mining and compensate for losses, The mined mineral procts and illegal income shall be confiscated and a fine may be imposed; 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< Any unit or indivial who enters the mining area of a state-owned mining enterprise or other mining enterprise established according to law shall be punished in accordance with the provisions of the preceding paragraph< Article 40 If mining beyond the scope of the approved mining area, it shall be ordered to return the mining area to the mining area and compensate for the losses, confiscate the mineral procts and illegal income from cross-border mining, and may also be fined; Those who refuse to return to the mining area for mining and cause damage to mineral resources shall have their mining license revoked and the persons directly responsible shall be investigated for criminal responsibility in accordance with the provisions of Article 156 of the criminal law< Article 41 Whoever steals or seizes mineral procts or other property of mining enterprises or exploration units, damages mining and exploration facilities, or disturbs the proction and work order of mining areas and exploration areas shall be investigated for criminal responsibility in accordance with the relevant provisions of the criminal law; If the circumstances are obviously minor, the offender shall be punished in accordance with the relevant provisions of the regulations on administrative penalties for public security< Article 42 Anyone who buys, sells, rents or transfers mineral resources in other forms shall have his illegal income confiscated and be fined< If anyone, in violation of the provisions of Article 6 of this law, resells the exploration right or mining right for profit, his exploration license or mining license shall be revoked, his illegal income shall be confiscated and he shall be fined< Article 43 anyone who, in violation of the provisions of this law, purchases or sells mineral procts uniformly purchased by the State shall have his mineral procts and illegal income confiscated and may also be fined; If the circumstances are serious, criminal responsibility shall be investigated in accordance with the provisions of articles 117 and 118 of the criminal law< Article 44 anyone who, in violation of the provisions of this law, adopts destructive mining methods to mine mineral resources shall be fined and his mining license may be revoked; If serious damage is caused to mineral resources, the person directly responsible shall be investigated for criminal responsibility in accordance with the provisions of Article 156 of the criminal law< The administrative penalties prescribed in articles 39, 40 and 42 of this Law shall be decided by the Department in charge of the administration of Geology and mineral resources of the people's government at or above the county level within the limits of authority prescribed by the Department in charge of Geology and mineral resources under the State Council. The administrative penalty prescribed in Article 43 shall be decided by the administrative department for Instry and Commerce of the people's government at or above the county level< The administrative penalty stipulated in Article 44 shall be decided by the Department in charge of Geology and mineral resources of the people's Government of the province, autonomous region or municipality directly under the central government. The punishment of revoking the exploration license or mining license shall be decided by the original license issuing organ<
If an administrative penalty should be imposed in accordance with the provisions of articles 39, 40, 42 and 44, but no administrative penalty is imposed, the Department in charge of Geology and mineral resources of the people's government at a higher level shall have the right to order correction or directly impose administrative penalty< Article 46 If a party refuses to accept the decision on administrative penalty, he may apply for reconsideration according to law, or directly bring a suit in the people's court according to law
If a party neither applies for reconsideration nor brings a lawsuit to the people's court within the time limit, nor complies with the punishment decision, the organ that made the punishment decision shall apply to the people's court for compulsory execution<
mineral resources law of the people's Republic of China
adopted at the 15th meeting of the Standing Committee of the Sixth National People's Congress on March 19, 1986------------ --------------------------------------------------------------------
contents
Chapter I General Provisions
Chapter II Registration of mineral resources exploration and approval of mining
Chapter III exploration of mineral resources
Chapter IV mining of mineral resources
Chapter V collective mining enterprises and indivial mining
Chapter VI method Legal responsibility
Chapter VII supplementary provisions
Chapter I General Provisions
Article 1
this law is formulated in accordance with the constitution of the people's Republic of China in order to develop the mining instry, strengthen the exploration, development, utilization and protection of mineral resources, and ensure the current and long-term needs of socialist modernization< Article 2 this law must be observed in the exploration and exploitation of mineral resources within the territory of the people's Republic of China and in the sea areas under its jurisdiction< Article 3 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
to explore and exploit mineral resources, it is necessary to apply for and obtain the exploration right and mining right respectively according to the 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 mineral resources exploration and mining must meet the required qualifications< Article 4 the state guarantees the legitimate rights and interests of mining enterprises established according to law in mining mineral resources
state owned mining enterprises are the main body of mining mineral resources. The state guarantees the consolidation and development of the state-owned mining economy< Article 5 the State practices the system of obtaining exploration right and mining right with compensation; However, the state may, according to different circumstances, rece or exempt the fees paid for the acquisition of exploration and mining rights. The specific measures and implementation steps shall be formulated by the State Council
when mining mineral resources, it is necessary to pay resource tax and resource compensation fee in accordance with the relevant provisions of the state< Article 6 the exploration right and mining right shall not be transferred except in accordance with the following provisions:
(1) the exploration right holder shall have the right to carry out the specified exploration operations within the designated exploration operation area and have the priority to obtain the mining right of the mineral resources within the exploration operation area. After completing the prescribed minimum exploration investment, the exploration right holder may transfer the exploration right to another person with approval according to law< (2) if a mining enterprise that has obtained the mining right needs to change the subject of the mining right e to the merger or division of the enterprise, joint venture or cooperative operation with others, or e to the sale of the enterprise's assets or other changes in the property rights of the enterprise's assets, the mining right may be transferred to another person for mining upon approval according to law
the specific measures and implementation steps specified in the preceding paragraph shall be formulated by the State Council
it is prohibited to resell the exploration right and mining right for profit< Article 7 the State adopts the policy of unified planning, rational distribution, comprehensive exploration, rational exploitation and comprehensive utilization for the exploration and development of mineral resources< Article 8 the State encourages scientific and technological research in the exploration and development of mineral resources, promotes advanced technology, and improves the scientific and technological level of the exploration and development of mineral resources< Article 9 people's governments at all levels shall award units and indivials that have made outstanding achievements in exploration, development, protection of mineral resources and scientific and technological research< Article 10 when mining mineral resources in national autonomous areas, the State shall take care of the interests of the national autonomous areas, make arrangements concive to the economic construction of the national autonomous areas, and take care of the proction and life of the local minority people< In accordance with the law and the unified plan of the state, the organs of self-government of national autonomous areas give priority to the rational development and utilization of mineral resources that can be developed by their own areas< Article 11 the Department in charge of Geology and mineral resources under the State Council shall be in charge of the supervision and administration of the exploration and exploitation of mineral resources throughout the country. The relevant departments in charge of the State Council shall assist the Department in charge of Geology and mineral resources under the State Council in the supervision and administration of the exploration and exploitation of mineral resources< The departments in charge of Geology and mineral resources of the people's governments of provinces, autonomous regions and municipalities directly under the central government shall be in charge of the supervision and administration of the exploration and exploitation of mineral resources within their respective administrative areas. The relevant competent departments of the people's governments of provinces, autonomous regions and municipalities directly under the central government shall assist the competent departments of Geology and mineral resources at the same level in the supervision and administration of the exploration and exploitation of mineral resources< Chapter II Registration of mineral resources exploration and examination and approval of mining Article 12 the State implements a unified block registration management system for mineral resources exploration. The Department in charge of Geology and mineral resources under the State Council shall be responsible for the registration of mineral resources exploration; The registration of mineral resources exploration for specific minerals may be undertaken by the relevant competent departments authorized by the State Council. The administrative measures for the registration of mineral resource exploration blocks shall be formulated by the State Council< Article 13 the mineral reserves examination and approval institution under the State Council or the mineral reserves examination and approval institution of a province, autonomous region or municipality directly under the central government shall be responsible for examining and approving the exploration report for the use of mine construction and design, and shall reply to the submitting unit within the prescribed time limit. Without approval, the exploration report shall not be used as the basis for mine construction and design< Article 14 the archival data of mineral resources exploration achievements and the statistical data of various mineral reserves shall be subject to a unified management system and submitted or filled in according to the regulations of the State Council< Article 15 the establishment of a mining enterprise must meet the qualification requirements prescribed by the state, and the examination and approval authority shall, in accordance with the relevant laws and regulations of the state, examine its mining area, mine design or mining scheme, proction technical conditions, safety measures and environmental protection measures; Only those who pass the examination will be approved< Article 16 Mining of the following mineral resources shall be examined and approved by the Department in charge of Geology and mineral resources under the State Council, and a mining license shall be issued:
(1) mineral resources in mining areas planned by the state and of great value to the national economy< (2) mineral resources with large-scale or more mineral reserves available for exploitation outside the areas specified in the preceding paragraph< (3) specific minerals that are protected by the state< (4) mineral resources in the territorial sea and other sea areas under the jurisdiction of China< (5) other mineral resources stipulated by the State Council<
the exploitation of specific minerals such as oil, natural gas and radioactive minerals can be examined and approved by the relevant competent department authorized by the State Council, and a mining license can be issued< For the mining of mineral resources other than those specified in the first and second paragraphs, if the reserve scale of the mineral resources available for mining is medium-sized, the Department in charge of Geology and mineral resources of the people's Government of the province, autonomous region or municipality directly under the central government shall examine and approve and issue a mining license
the first and second mining methods
If an administrative penalty should be imposed in accordance with the provisions of articles 39, 40, 42 and 44, but no administrative penalty is imposed, the Department in charge of Geology and mineral resources of the people's government at a higher level shall have the right to order correction or directly impose administrative penalty< Article 46 If a party refuses to accept the decision on administrative penalty, he may apply for reconsideration according to law, or directly bring a suit in the people's court according to law
If a party neither applies for reconsideration nor brings a lawsuit to the people's court within the time limit, nor complies with the punishment decision, the organ that made the punishment decision shall apply to the people's court for compulsory execution<
mineral resources law of the people's Republic of China
adopted at the 15th meeting of the Standing Committee of the Sixth National People's Congress on March 19, 1986------------ --------------------------------------------------------------------
contents
Chapter I General Provisions
Chapter II Registration of mineral resources exploration and approval of mining
Chapter III exploration of mineral resources
Chapter IV mining of mineral resources
Chapter V collective mining enterprises and indivial mining
Chapter VI method Legal responsibility
Chapter VII supplementary provisions
Chapter I General Provisions
Article 1
this law is formulated in accordance with the constitution of the people's Republic of China in order to develop the mining instry, strengthen the exploration, development, utilization and protection of mineral resources, and ensure the current and long-term needs of socialist modernization< Article 2 this law must be observed in the exploration and exploitation of mineral resources within the territory of the people's Republic of China and in the sea areas under its jurisdiction< Article 3 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
to explore and exploit mineral resources, it is necessary to apply for and obtain the exploration right and mining right respectively according to the 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 mineral resources exploration and mining must meet the required qualifications< Article 4 the state guarantees the legitimate rights and interests of mining enterprises established according to law in mining mineral resources
state owned mining enterprises are the main body of mining mineral resources. The state guarantees the consolidation and development of the state-owned mining economy< Article 5 the State practices the system of obtaining exploration right and mining right with compensation; However, the state may, according to different circumstances, rece or exempt the fees paid for the acquisition of exploration and mining rights. The specific measures and implementation steps shall be formulated by the State Council
when mining mineral resources, it is necessary to pay resource tax and resource compensation fee in accordance with the relevant provisions of the state< Article 6 the exploration right and mining right shall not be transferred except in accordance with the following provisions:
(1) the exploration right holder shall have the right to carry out the specified exploration operations within the designated exploration operation area and have the priority to obtain the mining right of the mineral resources within the exploration operation area. After completing the prescribed minimum exploration investment, the exploration right holder may transfer the exploration right to another person with approval according to law< (2) if a mining enterprise that has obtained the mining right needs to change the subject of the mining right e to the merger or division of the enterprise, joint venture or cooperative operation with others, or e to the sale of the enterprise's assets or other changes in the property rights of the enterprise's assets, the mining right may be transferred to another person for mining upon approval according to law
the specific measures and implementation steps specified in the preceding paragraph shall be formulated by the State Council
it is prohibited to resell the exploration right and mining right for profit< Article 7 the State adopts the policy of unified planning, rational distribution, comprehensive exploration, rational exploitation and comprehensive utilization for the exploration and development of mineral resources< Article 8 the State encourages scientific and technological research in the exploration and development of mineral resources, promotes advanced technology, and improves the scientific and technological level of the exploration and development of mineral resources< Article 9 people's governments at all levels shall award units and indivials that have made outstanding achievements in exploration, development, protection of mineral resources and scientific and technological research< Article 10 when mining mineral resources in national autonomous areas, the State shall take care of the interests of the national autonomous areas, make arrangements concive to the economic construction of the national autonomous areas, and take care of the proction and life of the local minority people< In accordance with the law and the unified plan of the state, the organs of self-government of national autonomous areas give priority to the rational development and utilization of mineral resources that can be developed by their own areas< Article 11 the Department in charge of Geology and mineral resources under the State Council shall be in charge of the supervision and administration of the exploration and exploitation of mineral resources throughout the country. The relevant departments in charge of the State Council shall assist the Department in charge of Geology and mineral resources under the State Council in the supervision and administration of the exploration and exploitation of mineral resources< The departments in charge of Geology and mineral resources of the people's governments of provinces, autonomous regions and municipalities directly under the central government shall be in charge of the supervision and administration of the exploration and exploitation of mineral resources within their respective administrative areas. The relevant competent departments of the people's governments of provinces, autonomous regions and municipalities directly under the central government shall assist the competent departments of Geology and mineral resources at the same level in the supervision and administration of the exploration and exploitation of mineral resources< Chapter II Registration of mineral resources exploration and examination and approval of mining Article 12 the State implements a unified block registration management system for mineral resources exploration. The Department in charge of Geology and mineral resources under the State Council shall be responsible for the registration of mineral resources exploration; The registration of mineral resources exploration for specific minerals may be undertaken by the relevant competent departments authorized by the State Council. The administrative measures for the registration of mineral resource exploration blocks shall be formulated by the State Council< Article 13 the mineral reserves examination and approval institution under the State Council or the mineral reserves examination and approval institution of a province, autonomous region or municipality directly under the central government shall be responsible for examining and approving the exploration report for the use of mine construction and design, and shall reply to the submitting unit within the prescribed time limit. Without approval, the exploration report shall not be used as the basis for mine construction and design< Article 14 the archival data of mineral resources exploration achievements and the statistical data of various mineral reserves shall be subject to a unified management system and submitted or filled in according to the regulations of the State Council< Article 15 the establishment of a mining enterprise must meet the qualification requirements prescribed by the state, and the examination and approval authority shall, in accordance with the relevant laws and regulations of the state, examine its mining area, mine design or mining scheme, proction technical conditions, safety measures and environmental protection measures; Only those who pass the examination will be approved< Article 16 Mining of the following mineral resources shall be examined and approved by the Department in charge of Geology and mineral resources under the State Council, and a mining license shall be issued:
(1) mineral resources in mining areas planned by the state and of great value to the national economy< (2) mineral resources with large-scale or more mineral reserves available for exploitation outside the areas specified in the preceding paragraph< (3) specific minerals that are protected by the state< (4) mineral resources in the territorial sea and other sea areas under the jurisdiction of China< (5) other mineral resources stipulated by the State Council<
the exploitation of specific minerals such as oil, natural gas and radioactive minerals can be examined and approved by the relevant competent department authorized by the State Council, and a mining license can be issued< For the mining of mineral resources other than those specified in the first and second paragraphs, if the reserve scale of the mineral resources available for mining is medium-sized, the Department in charge of Geology and mineral resources of the people's Government of the province, autonomous region or municipality directly under the central government shall examine and approve and issue a mining license
the first and second mining methods
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