What's the use of stealing mining
Publish: 2021-04-29 00:53:35
1. 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.
2. 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
3. Unknown_Error
4. It depends on the specific circumstances and whether it constitutes a crime
illegal mining is a crime only if the circumstances are serious. If the circumstances are not serious, it does not constitute a crime and belongs to an illegal act and can be given administrative punishment< 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 mining area planned by the state, mining within 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 and compensate for the 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 relevant provisions of the criminal law
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< [crime of illegal mining]
Article 343 (1) of the criminal law of the people's Republic of China violates the provisions of the mineral resources law by mining without a mining license, entering 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, 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.
illegal mining is a crime only if the circumstances are serious. If the circumstances are not serious, it does not constitute a crime and belongs to an illegal act and can be given administrative punishment< 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 mining area planned by the state, mining within 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 and compensate for the 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 relevant provisions of the criminal law
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< [crime of illegal mining]
Article 343 (1) of the criminal law of the people's Republic of China violates the provisions of the mineral resources law by mining without a mining license, entering 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, 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.
5. Definitely not
6. In violation of the land administration law and mineral resources law of the people's Republic of China
7. Anyone who opens a mine without a mining license shall be ordered to stop mining, his mined mineral procts and illegal income shall be confiscated, and he 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< Article 39 of the mineral resources law of the people's Republic of China
anyone who, in violation of the provisions of this law, mines without a mining license, enters a state planned mining area, mines in 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 and compensate for the 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
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< Article 42 in the detailed rules for the implementation of the mineral resources law of the people's Republic of China, if a fine is imposed in accordance with the provisions of articles 39, 40, 42, 43 and 44 of the mineral resources law, the following provisions shall be followed respectively:
(1) mining without obtaining a mining license, entering a state planned mining area without authorization, and Anyone who mines in a mining area of great value to the national economy or within the mining area of another person, or arbitrarily mines a specific type of mineral for which protective mining is prescribed by the state, shall be fined less than 50% of the illegal income< (2) if mining beyond the approved mining area, a fine of less than 30% of the illegal income will be imposed.
anyone who, in violation of the provisions of this law, mines without a mining license, enters a state planned mining area, mines in 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 and compensate for the 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
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< Article 42 in the detailed rules for the implementation of the mineral resources law of the people's Republic of China, if a fine is imposed in accordance with the provisions of articles 39, 40, 42, 43 and 44 of the mineral resources law, the following provisions shall be followed respectively:
(1) mining without obtaining a mining license, entering a state planned mining area without authorization, and Anyone who mines in a mining area of great value to the national economy or within the mining area of another person, or arbitrarily mines a specific type of mineral for which protective mining is prescribed by the state, shall be fined less than 50% of the illegal income< (2) if mining beyond the approved mining area, a fine of less than 30% of the illegal income will be imposed.
8. To 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. See more answers & gt& gt;
9. First of all, check whether he has a mining license. If he has a license, it is a conflict with the mining in the village. The two sides have not agreed on the issue of compensation. The enterprise does not constitute illegal mining
if there is no mining license, it is absolutely illegal. You can report the illegal proction to the land department or the safety supervision department
finally, it can be sued directly by the court.
if there is no mining license, it is absolutely illegal. You can report the illegal proction to the land department or the safety supervision department
finally, it can be sued directly by the court.
10. I think it's a robbery. According to Article 263 of the criminal law, robbery is the act of forcibly taking public or private property away by violence, coercion or other means to the owner or custodian of the property for the purpose of illegal possession. Combined with this case, the perpetrator was stealing at first, which at most involved theft, but after the discovery, he threatened others with a knife, that is, he threatened others with violence. No matter whether he took the property or not, he was suspected of robbery, just attempted or attempted.
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