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What to do if the mining machine is taken over by the government

Publish: 2021-04-23 00:51:58
1.

absolutely. In fact, it is still a good thing to stop illegal mining. If the circumstances are serious, it will constitute a crime. In fact, the standard of prosecution for the crime of illegal mining in China is quite low. If the value of the damage to mineral resources is more than 50000 yuan to 100000 yuan, a case should be filed for prosecution. In other words, once investigated, it is possible to go to prison The mining enterprises with incomplete certificates, change of mineral types and mining not in accordance with the development and utilization plan should resolutely stop proction for rectification

All township (town) people's governments must take the responsibility of the first discoverer, reporter and responsible person, closely monitor all kinds of illegal mining activities in the administrative region, and timely discover and report illegal mining activities

Land, public security, economy and information, instry and commerce, electric power and other relevant departments should cooperate closely, deepen the comprehensive law enforcement, form a strong strike force, and punish severely in economy, administration and law

The organizers and participants of illegal mining of mineral resources, once verified, should be subject to administrative detention, machinery and equipment should be sealed up and seized, illegal mineral procts should be confiscated and auctioned, those who have constituted a crime should be firmly investigated for criminal responsibility, and those who have caused casualties should be held responsible

Mining enterprises are responsible for maintaining the order of mineral resources development in the mining area. If illegal mining activities are found in the mining area, effective measures shall be taken immediately to stop them and timely report to the local government and relevant departments

It is strictly forbidden for any unit or indivial to purchase, store, trade, transport or use the illegally mined mineral resources. Once found, it shall be seriously dealt with by the instry and commerce, tax and other relevant departments according to law

Party and government cadres are strictly forbidden to participate in illegal mining of mineral resources. Party and government cadres and public officials who support, shield, connive at, and act as the umbrella, information tree, and intercessor of unlicensed mine owners should be deeply investigated. The discipline inspection and supervision organ shall strictly investigate the responsibility for the violation of rules and regulations of dereliction of ty and abuse of power

The Municipal Information Office and TV station should track and report the work progress of cracking down on illegal mining; Special topic interview and special magazine report to create a high pressure atmosphere of cracking down on illegal activities; Case analysis should be exposed to the public in a timely manner, and illegal mining activities should be exposed in a timely manner, so as to create an atmosphere in which people dare not, cannot and do not want to mine

The majority of cadres and masses should actively participate in the reporting action of illegal mining activities, timely report and provide clues to the land and public security departments, and assist the government to crack down on illegal mining of mineral resources. If the investigation and report are true, 5000-10000 yuan will be awarded

(2) punishment of the criminal law on the crime of illegal mining: < / EM >

1. The crime of illegal mining (article 343, paragraph 1, of the criminal law) refers to those who violate 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 mining areas without authorization, Unauthorized mining of specific minerals for which protective mining is prescribed by the state, refusing to stop mining after being ordered to stop mining, thus causing damage to mineral resources

According to Article 68 of the provisions of the Supreme People's Procuratorate and the Ministry of public security on the standards for filing and prosecuting criminal cases under the jurisdiction of public security organs (I), those whose value of mineral resources damage is more than 50000 yuan to 100000 yuan shall be filed for prosecution

under any of the following circumstances, it belongs to "mining without mining license" as stipulated in this article:

(1) mining mineral resources without 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

mining without permission ring the period when the mining license is suspended according to law shall be regarded as "mining without permission without mining license"

the amount of value resulting in the destruction of mineral resources shall be determined by the Department in charge of Geology and mineral resources at or above the provincial level after verification

Article 343 of the criminal law stipulates that under normal circumstances, a person 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

If a unit commits a crime, it shall be fined, and the person in charge and other persons who are directly responsible for the crime shall be punished in accordance with the provisions of this article


2.

Ali's utilization is a three-dimensional and comprehensive process. It can take the initiative and wait for the hare


first, take the initiative to find. If you are an honest user, you can see the purchasing information. You'd better contact the buyer as soon as possible. However, the success rate is not very high. Because everyone can see the purchasing information, there are a lot of people who invite buyers. So the competition is fierce. But don't give up


at the same time, you can find some of your target customers, send some instry information (if you do machining, send some mechanical information), or directly send your ads, or directly communicate with the target customers, and ask them whether they need your procts. When communicating, be polite and professional, and show where your procts and services are beneficial to customers. Who are your target customers and which enterprises? You should know best


Second, wait for customers to come. If you are chengchengtong, I hope the following suggestions can help you:


1. Publish attractive supply information. This is the most basic and core issue of using Alibaba chengxintong. Because most customers use the Alibaba search box to find supply information. Therefore, how to make your information in the forefront, how to make your information attractive, is the integrity of the members must consider


one of the top information rankings is that it can be used as an online marketing treasure, that is, it can pay to the top, and the other is that it can often resend supply information. How attractive is information? This involves the optimization of information. For example, keyword selection, choosing the right information category, carefully filling in proct attributes, and writing detailed information content. Reflect what benefits your company, procts and services can bring to customers

At the same time, you can try to use blogs, forums, business circles and Alibaba Wangwang. These tools are free. You can try to write some soft articles, such as your entrepreneurial experience, the story of your interaction with customers, your understanding of Ali, etc. After these soft articles are sent to the blog, they can be combined with Wangpu and directly displayed in Wangpu. When blog posts, please select & quot; Company news;, In this way, it can be displayed directly in Wangpu


3. If your proct is consumer goods, you can also try to open a shop on Taobao, or even develop a distribution shop owner. In this way, you can not only promote your brand, but also get orders


4. Learn more. Everyone is from the novice, so, must be good at learning, from the forum, blog learning. I believe that through your efforts, you will make good use of Alibaba platform

3.

If an illegal act is put on file for investigation, a decision should be made on the tools involved in the case in a timely manner after the case is handled. Please note that illegal instruments do not have to be returned, and the decision of confiscation can also be made

admonishment, warning, fine, or administrative detention of less than 15 days shall be imposed, and the illegal exploitation shall be ordered to stop immediately. Equipment such as forklifts and excavators used in illegal mining may be seized

If the circumstances are serious, criminal responsibility can be investigated

illegal mining of sand and gravel without mining license not only causes serious damage to national environmental resources, but also may lead to some mass incidents

illegal mining, i.e. mining without a license, refers to mining without a license, mining in a state planned mining area, a mining area of great value to the national economy and other mining areas, mining specific minerals that are protected by the state regulations, or mining without a license but not in accordance with the requirements of the mining scope on the mining license, Refusing to stop mining after being ordered to stop mining, thus causing damage to mineral resources

(3) provisions of the criminal law on the crime of illegal mining: < / EM >

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

4. Only to the lessee
5. I think you should sue your friend, the machine is yours, lend it to him, how he uses it, you also have to bear the corresponding responsibility
6. Did the illegal mountain digger pay the fine or accept the punishment on time? Then it should be for you. Or should go to the forestry bureau, will give.
7. Hello, China registered real estate appraiser land appraiser the following is the content of the law of the people's Republic of China on rural land contract
Article 8 Rural Land Contract shall abide by laws and regulations, and protect the rational development and sustainable utilization of land resources. Without approval according to law, the contracted land shall not be used for non-agricultural construction< Article 17 the Contractor shall undertake the following obligations:
1. To maintain the agricultural use of the land, it shall not be used for non-agricultural construction< (2) protect and rationally use land in accordance with the law, and do not cause permanent damage to the land< (3) other obligations stipulated by laws and administrative regulations< Article 60 if a contractor illegally uses the contracted land for non-agricultural construction, it shall be punished by the relevant administrative department of the local people's government at or above the county level according to law. If the contractor causes permanent damage to the contracted land, the employer shall have the right to stop the damage and claim compensation from the contractor< Article 74 Whoever, in violation of the provisions of this law, occupies cultivated land to build kilns or graves, or builds houses, digs sand, quarries, mines or takes soil on cultivated land without authorization, thus damaging the conditions for planting, or causes desertification or salinization of land e to land development, shall be ordered by the land administrative department of the people's government at or above the county level to make corrections or control within a time limit and may also be fined; Article 46 the land administration department of the municipal or county people's Government shall confiscate the illegal income of units or indivials that transfer, lease or mortgage the right to the use of land without approval, and impose a fine according to the circumstances
Article 76 those who illegally occupy land without approval or by deception shall be ordered by the land administrative department of the people's government at or above the county level to return the land illegally occupied. Those who change agricultural land into construction land without authorization in violation of the general land use plan shall demolish the new buildings and other facilities on the land illegally occupied within a time limit, If the land is restored to its original state, the newly-built buildings and other facilities on the illegally occupied land shall be confiscated and a fine may be imposed if they conform to the general plan for land use; The directly responsible persons in charge and other directly responsible persons of the units illegally occupying land shall be given administrative sanctions according to law; If a crime is constituted, criminal responsibility shall be investigated according to law
Article 78 If a unit or indivial that does not have the right to approve the acquisition or use of land illegally approves the occupation of land, illegally approves the occupation of land beyond the authority of approval, does not approve the use of land according to the purpose determined in the general land use plan, or approves the occupation or acquisition of land in violation of the proceres prescribed by law, the approval documents shall be invalid, and the illegal approval of the acquisition or use of land shall be prohibited The persons directly in charge and other persons directly responsible for the use of land shall be given administrative sanctions according to law; If a crime is constituted, criminal responsibility shall be investigated according to law. The land illegally approved or used shall be recovered. If the parties concerned refuse to return the land, they shall be punished as illegal occupation of the land
Article 81 anyone who, without authorization, assigns, transfers or leases the right to the use of land collectively owned by farmers for non-agricultural construction shall be ordered by the land administrative department of the people's government at or above the county level to make corrections within a time limit, confiscate the illegal gains and impose a fine.
8. Prosecution + report to Discipline Inspection Commission
9. Illegal mining, your excavator as illegal mining equipment, seizure according to law, is OK. Of course, excavators are large-scale machinery after all. After being detained, they should be handled promptly to avoid causing greater losses. From the perspective of rationality, law enforcement departments should not detain excavators indefinitely. Local illegal miners should also be dealt with in accordance with the law The sixth chapter of the mineral resources law of the people's Republic of China clearly stipulates the legal liability for illegal mining. As for the problem of leasing excavators between you and the local illegal miners, if you know that others are illegally mining, you also lease excavators to others. This lease is illegal and invalid. If losses are caused, you and the lessee are responsible
the following is a report from Anhui Court Network on a case of fine compensation for illegal mining of leased excavators handled by Lai'an county court. I don't know if it has anything to do with you. You can have a look at it:
Anhui court online news on December 21, The people's Court of Lai'an county held a court session on a lease contract dispute and declared: the defendant Zhu Laigui compensated the plaintiff Wang Sihan for the fine of RMB 24000 yuan paid for Liugong 205 excavator
in September 2016, without permission, Zhu Laigui wanted to excavate attapulgite in xieminan village, Banta Town, Lai'an county. He was introced to the excavator owner Wang Sihan. Wang Sihan inspected the excavation site and inquired about the relevant situation. On September 14, 2016, excavators entered the site for excavation. On September 24, 2016, Wang Sihan and Zhu Laigui signed a lease agreement at the excavation site, which agreed that Wang Sihan's Liugong 205 excavator was leased to Zhu Laigui, the driver was provided by Wang Sihan, and the fuel was added by Zhu Laigui, and the lease fee was 100 yuan / hour. The agreement also states: if Zhu Laigui is detained by the government ring the use of Wang Sihan excavator, Zhu Laigui shall pay Wang Sihan 9000 yuan per month, and it is specially stated that Zhu Laigui shall be responsible for all expenses if he is fined. The agreement is signed and witnessed by the introcer. On October 15, 2016, e to illegal mining of mineral resources, the excavator was detained by the joint law enforcement team of Laian county land resources and real estate administration and other departments. After that, although Zhu Laigui promised to take back the excavator, he failed to fulfill his promise. On July 22, 2015, Wang Sihan paid a fine of 40000 yuan and a parking fee of 19000 yuan to the land resources and real estate administration bureau of Chang'an County to retrieve the excavator. After the prosecution to the court, Zhu Laigui asked to pay rent 84900 yuan (283 days) × The total amount of compensation is 143900 yuan, including 40000 yuan of fine and 19000 yuan of parking fee, and the litigation cost of this case
the court held that the illegality of Zhu Laigui's illegal mining of non coal minerals without permission is self-evident. After the signing of the contract, Wang Sihan inspected the excavation site and knew that Zhu Laigui was illegally excavating without a license. Wang Sihan is aware that Zhu Laigui is engaged in illegal mining without a license. Driven by profit and desperate, he is still equipped with drivers to participate in illegal mining. Wang Sihan and Zhu Laigui violate the mandatory provisions of laws and administrative regulations. The lease agreement signed by both parties is invalid, and their expected income under the agreement is not protected by law, Therefore, Wang Sihan's claim that Zhu Laigui should compensate 84900 yuan for the loss ring the seizure of excavator is not supported. Wang Sihan asked Zhu Laigui to bear the parking fee of 19000 yuan, because Wang Sihan failed to provide the basis and standard of parking fee, nor did he provide the official invoice of parking fee, so he did not support the loss. After Liugong 205 excavator was detained according to law, Wang Sihan paid a fine to the Department in charge of mineral resources, which was Wang Sihan's direct economic loss and should be jointly borne by Zhu Laigui. Considering the fault liability of both parties in this dispute, the court decided that Zhu Laigui should bear 60% of the compensation liability for the fine of 40000 yuan paid by Wang Sihan, that is, 24000 yuan (40000 yuan) × Wang Sihan was responsible for the rest, so he made the above judgment. After the sentencing, both parties did not file an appeal within the legal time limit. After the judgment came into effect, Zhu Laigui took the initiative to fulfill the obligations specified in the legal documents
the judge reminded: Article 52 of the contract law of the people's Republic of China stipulates that malicious collusion damages the interests of the state, the collective or the third party; Cover up illegal purpose in legal form; Contracts that damage public interests are invalid. If the contract is invalid, the party at fault shall compensate the other party for the losses incurred. If both parties are at fault, they shall bear their respective responsibilities. Any act of violating and evading the law and attempting to obtain illegitimate interests can only be a stone to one's own feet and will not be protected by law.
10. Your house is cracked and the balcony is a little crooked e to digging sewers with excavators. You should complain to the local government to explain the seriousness of the situation. The government will be responsible for the maintenance, because it is caused by construction. The government department will not ignore it. It should let the relevant departments check the problems of the house to facilitate the maintenance or compensation.
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