From June, 5438 to February, 2007, the Department of Land and Resources initiated an investigation on the case of privately mining Nanwu small coal mine in Baijigou mining area of Xintai Coal Industry Co., Ltd., and after investigation and evidence collection, it was confirmed that the enterprise * * * mined 354 139.8 tons of coal and obtained sales income 10624 1940 yuan. At the same time, it evades the compensation fee of coal resources and the management of the administrative department of land and resources, and destroys the integrated resources of Baijigou large mine. Because the company is a state-owned enterprise, it has been illegally exploited continuously from 2005 to 2007, with a large amount of exploitation. For many years, the local land and resources management department thought it was a state-owned enterprise, and no one asked.
In June 2008, the land and resources department imposed an administrative penalty on the company: ordered to stop mining; Impose a fine of illegal income 1% * *1062419 yuan. The company fulfilled the punishment decision within the statutory time limit and did not file an administrative reconsideration or administrative lawsuit.
Analysis of this case is an illegal mining case of unauthorized entry into other people's mining areas.
At first glance, this punishment seems unreasonable. From 2005 to 2007, Xintaihua Coal Industry Co., Ltd. continued to illegally mine more than 350,000 tons of coal, and the illegal income was several hundred million yuan, but it was not investigated for criminal responsibility. On second thought, it is in line with the principle of law and punishment, because the law enforcement department has never asked Xintai Company about its illegal coal mining behavior, that is, it has never ordered it to stop its illegal behavior. Article 39 of the Mineral Resources Law stipulates that only those who refuse to stop mining after being ordered to do so can be investigated for criminal responsibility.
Why is it so stipulated? This is related to the principle of combining administrative punishment with education. The combination of punishment and education is an important principle of administrative punishment. Article 5 of the Administrative Punishment Law stipulates: "To implement administrative punishment and correct illegal acts, we should adhere to the combination of punishment and education, and educate citizens, legal persons or other organizations to consciously abide by the law." Sanctions themselves have an educational function. "Punish one as an example for fear that the world will not be chaotic" is undeniable, but relying solely on punishment cannot guarantee the implementation of laws and regulations, and more importantly, it depends on people's profound understanding and heartfelt support for the law. Punishing without teaching is not the basic spirit of socialist legal system. Ordering to stop mining is the most important education process for offenders, and it can't be omitted until the most severe punishment is given. This principle is also reflected in Article 343 of the Criminal Law "Those who refuse to stop mining after being ordered to do so". Of course, education is not everything. Those who persist in teaching and are serious in nature should also be dealt with seriously and must not be soft-hearted. The key is to correctly handle the relationship between punishment and education, and punishment should focus on education; Education is backed by punishment. Only in this way can we achieve the legislative purpose of administrative punishment.
However, from the perspective of safeguarding the rights and interests of the country's mineral resources and the order of mineral resources management, the Department of Land and Resources of Ningxia Hui Autonomous Region has the following problems in the investigation and handling of this case: First, its illegal income has not been dealt with, and the fine is only an additional punishment in illegal mining, which must be implemented on the basis of "confiscation of illegal income". In this case, the law enforcement department did not confiscate the illegal income, but directly fined it, which is a problem of lax law enforcement. Second, if Xintaihua Company is a state-owned enterprise, in order to effectively maintain the order of mineral resources management, the administrative responsibility of the company's main responsible personnel should be investigated. Third, according to the "Special Provisions of the State Council on Prevention of Coal Mine Production Safety Accidents" (Order No.446th of the State Council), the local government and relevant administrative departments shall submit it to the discipline inspection and supervision organs for investigation, and investigate the administrative responsibility of the relevant personnel for poor supervision.
Compared with other enterprises, state-owned enterprises bear relatively little market risk and have more advantages in various resources. They should play an exemplary role in safeguarding national legal dignity, observing national laws and regulations, and maintaining national management order. If the supervision is relaxed because of the state-owned nature of enterprises, it will seriously damage the image of the government and is not conducive to establishing an economic development order in line with the laws of market economy in the local area.
From this case, we can also see that the investigation of an illegal mining case seems simple, but the interest relationship involved is very complicated. Law enforcement departments must comprehensively investigate, collect evidence and study relevant laws and regulations from the perspective of safeguarding all rights and interests of mineral resources countries and maintaining the seriousness of the law, so that offenders can be properly dealt with.