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Huadu District Bureau of land and resources investigates and pun

Publish: 2021-04-22 12:14:26
1.

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

extended data:

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 means

2.

It can be reported to the local land and resources administration department or the Department in charge of Geology and mineral resources

The mineral resources law of the people's Republic of China stipulates: Article 3 mineral resources belong to the state, and the State Council shall exercise the state ownership of mineral resources

The state ownership of surface or underground mineral resources does not change with the ownership or use right of the land they are attached to. The state guarantees the rational development and utilization of mineral 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 law, and register them; However, mining enterprises that have applied for mining rights according to law are excluded from the exploration carried out for their own proction within the designated mining area

the state protects the exploration right and mining right from infringement, and protects the proction order and work order of mining areas and exploration areas from being affected and damaged. Those engaged in the exploration and exploitation of mineral resources must meet the prescribed qualifications

extended data

according to Article 3 of the interpretation of the Supreme People's court and the Supreme People's Procuratorate on Several Issues concerning the application of law in handling criminal cases of illegal mining and destructive mining, the implementation of illegal mining has one of the following circumstances, (1) the value of the mined mineral procts or the value causing damage to the mineral resources is more than 100000 yuan to 300000 yuan

(2) mining in a state planned mining area or a mining area of great value to the national economy, mining a specific type of mineral for which protective mining is prescribed by the state, or mining in a prohibited mining area or period, with the value of the mined mineral procts or causing damage to mineral resources ranging from 50000 yuan to 150000 yuan or more

(3) having received more than two administrative punishments for illegal mining within two years, and then carrying out illegal mining activities

(4) causing serious damage to the ecological environment

(5) other serious circumstances

3. 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.
4. Looking at the answer on the first floor, I would like to say that Intel x5-e8000 is an entry-level processor with low computing power and low power consumption, which is suitable for Internet of things terminal equipment. If we only look at the performance, it is really not good. However, it depends on what scenarios you use, and what scenarios it adapts to, and the procts of core I series may not be able to work out. The most important feature is low price / low power consumption. I sold a lot of machines carrying it, and the customer feedback was very good. In addition, although it was launched in 2016, it is still too early to stop proction. Intel embedded processor generally provides 8-10-year cycle. For this one, there is no plan to stop proction in 2030, which is enough to see the market's recognition, let alone give up. On the first floor, it is recommended to use the processor of Qualcomm, which is based on ARM architecture, and this is not universal. The development environment and ecology of x86 architecture are better than that of arm. The development cycle and difficulty are also much lower.
5. There should be no illegal mining in two years,
6. The Bureau of land and resources only investigated and punished the boss for stealing mineral resources. As the family members of the dead workers, they should apply to the labor department for arbitration or directly sue the boss in the court.
7. All cases have timeliness, which makes it difficult or even impossible to obtain evidence for a long time. The Bureau of land and resources has the responsibility not to neglect its administrative ties and to pursue criminal or administrative responsibilities. Can you complain to the competent authorities?
8. The Provincial Department of land and resources is directly responsible for the examination, approval and transaction of mining rights. Therefore, in terms of management authority, this belongs to the Department of land and resources. If you want to report it, you can report it to the local department of land and resources, the Provincial Department of land and resources and its law enforcement detachment. If it is serious, you can also report it to the Ministry of land and resources by telephone or website.
9.

In 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

10. If the Bureau of land and resources issues a decision on land administrative punishment to you, but you are not satisfied, you can apply to the land department at a higher level for reconsideration
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.
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