Which department is responsible for the illegal mining
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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 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 circumstancesThose who illegally exploit the mineral resources of the State shall be suspected of the crime of illegal mining and shall be put on file for investigation by the public security organs
the crime of illegal mining refers to those who violate the provisions of the law of the people's Republic of China 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
According to the provisions of article 343 of the criminal law of the people's Republic of China, mining without a mining license, entering the state planned mining areas, mining areas of great value to the national economy and other people's mining areas, or mining specific minerals that are protected by the state regulations without authorization, If the circumstances are serious, he 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; 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"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 illegal mining in violation of the provisions of the mineral resources law, which has one of the following circumstances and refuses to stop mining after being ordered to stop mining, thus causing damage to mineral resources, In accordance with the provisions of the first paragraph of article 343 of the criminal law, the crime of illegal mining shall be convicted and punished:
(1) mining without obtaining a 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"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)"
Article 68 [illegal mining case (article 343, paragraph 1 of the criminal law)] violates the provisions of the mineral resources law, mines without mining license, or enters the state planned mining area without authorization Anyone who mines in a mining area of great value to the national economy or in another person's mining area, or arbitrarily mines a specific type of mineral that is subject to protective mining as prescribed by the state and refuses to stop mining after being ordered to stop mining, thus causing damage to mineral resources with a value of more than 50000 to 100000 yuan, shall file a case for prosecution
(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 licensemining 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
Illegal sand mining should be reported to the Bureau of land and resources. The national unified reporting telephone number of the Bureau of land and resources is 12336
China implements the sand mining license system, and illegal sand mining in river course is suspected to constitute the crime of illegal mining. If illegal sand mining destroys the natural form of river bed and endangers the safety of dike, it is also suspected to constitute the crime of endangering public safety by other means
according to the criminal law, 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 without authorization, and mine specific minerals that are protected by the state, causing damage to mineral resources, 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
Those who cause 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. 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
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in the face of the complex situation of river sand mining, it is arous and obligatory for water administrative departments at all levels to manage river sand mining according to laws and regulations. The main tasks of river sand mining management are as follows:
1, to ensure the stability of river regime
To ensure the safety of flood control To ensure the navigation safety of navigable reach To ensure the safety of important water engineering facilities Maintain the normal order of proction and life of people along the coast To protect the legitimate rights and interests of sand miners1. Amendment (VIII) of the criminal law of the people's Republic of China 47. The first paragraph of article 343 of the criminal law is amended as follows: mining without a mining license in violation of the provisions of the mineral resources law, entering state planned mining areas, mining areas of great value to the national economy and other mining areas without authorization
If the case is serious, he 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; 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 (3) Article 39 of the mineral resources law of the people's Republic of China, in violation of the provisions of this law, mining without a mining license, entering a state planned mining area, mining in a mining area of great value to the national economy, or mining a specific type of mineral for which protective mining is prescribed by the state, shall be ordered to stop mining, compensate for losses, and confiscate the mined mineral procts and illegal income4; 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
Article 44 of the regulations of the people's Republic of China on the administration of river courses violates the provisions of these regulations and commits one of the following acts, the river course authorities of the local people's governments at or above the county level may, in addition to ordering them to correct their illegal acts and take remedial measures, impose a warning, a fine and confiscate their illegal income; To the relevant responsible personnel6. Administrative punishment should be given by the unit to which he belongs or by the competent authorities at a higher level; If the case constitutes a crime, criminal responsibility shall be investigated in accordance with the law: (4) those who, without approval or in accordance with the provisions of the competent authorities in charge of river courses, mine for sand, earth, gold, discard sand, stone or silt, explode, drill or dig fish ponds within the scope of river course management
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when the validity period of the river sand mining license expires or the cumulative sand mining amount reaches the total sand mining amount specified in the sand mining license, the license issuing authority shall withdraw or cancel the sand mining license and issue an announcement
ring the mining period, if it is necessary to suspend sand mining activities e to natural disasters or other major events that affect the stability of the Yangtze River Regime and flood control safety, the license issuing authority may announce the suspension of the validity of the sand mining license issued by it. After the above reasons are eliminated, the license issuing authority shall announce the restoration of the validity of the sand mining license
the total amount control system is implemented for sand mining in the Yangtze River. The annual total amount of sand mining actually approved shall not exceed the annual total amount of sand mining control determined in the sand mining plan of the Yangtze River. The actual approved annual sand mining volume of each mining area shall not exceed the annual sand mining control volume of the mining area
According to the sand mining plan of the Yangtze River, the Yangtze River Water Conservancy Commission can adjust the annual sand mining control amount of each mining area in accordance with the river regime change, sand supply and sand mining management needsthe Yangtze River Water Conservancy Commission should monitor the river bed changes in the mining areas within the key river sections of the Yangtze River provincial boundary. The water administrative departments of the people's governments of the provinces and municipalities directly under the central government along the Yangtze River shall monitor the changes of the river bed in the exploitable areas of the Yangtze River within their respective administrative areas, and report the monitoring data to the Yangtze River Conservancy Commission for the record