Huadu District Bureau of land and resources investigates and pun
1. The maximum penalty is seven years, depending on the seriousness of the case
Article 343 of the criminal law; 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 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
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1. The above has analyzed the difficulties and embarrassments faced by the illegal excavation of sand and stone, but we can not deny the rationality of the application of theft to the illegal excavation of sand and stone because of these difficulties and embarrassments
According to the cases investigated by the Department of land and resources and the Public Security Bureau and the cases sentenced by the court, in addition to illegal mining, in practice, there are cases of unauthorized change of the nature of land use and illegal sand mining for profit after obtaining the land use right by leasing or contracting. Because of the different nature of land use in advance and the different objects of illegal sand mining infringement, this kind of situation can no longer be treated as theft In the case of conviction and punishment of the crime of illegal occupation of agricultural land, the amount of illegal sand mining on the land with usufructuary right is not large, but the use of the occupied land is changed, resulting in a large number of farmland, woodland and other agricultural land damaged, which is in line with the constitutive requirements of the crime of illegal occupation of agricultural land, and should be treated as the crime of illegal occupation of agricultural land. To define this kind of behavior as the crime of illegal occupation of agricultural land is in line with the legislative purpose of the crime of protecting the use of agricultural land, and to distinguish it from the behavior of illegal sand mining on the land that others have the right to use, so as to achieve the purpose of adapting crime, responsibility and punishment In very few cases, illegal excavation of sand and stone may also endanger public security. Generally speaking, the perpetrator in this case holds a laissez faire attitude towards endangering public security. For example, if the actor illegally picks sand (backfilled with clay or garbage) in the public green space or public passage within the scope of his own development of construction land, and there are other residential houses near the sand picking place, the actor still picks sand knowing that his sand picking behavior may endanger the safety of nearby residential houses. If it causes other people's houses to collapse, it can be convicted and punished for the crime of endangering public security by other dangerous meansIt 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
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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 circumstancesIn fact, many countries are considering the issue of digital currency, because for the current monetary system, the country needs to regulate and manage the whole currency. Moreover, for the future development trend, digital currency is also the main carrier of the future currency. Therefore, for most countries, they also hope to use the blockchain technology, To effectively manage the currency of the future{ RRRRR}
and for most countries, the future digital currency must be an important competitive field for financial protection. Therefore, for most countries, it is necessary to develop new technologies at this time to avoid financial attacks from other countries in the future
if you are not satisfied with the reconsideration, you can bring an administrative lawsuit to the people's court
if the court loses the administrative litigation, it needs to be enforced.