River sand is also a kind of mineral resources, and private exploitation is suspected of illegal exploitation. In violation of the relevant provisions, legal responsibility shall be investigated according to the situation:
1, mining without a mining license;
2, unauthorized access to the national planning of mining areas, mining areas of great value to the national economy and other mining areas;
3, unauthorized exploitation of specific minerals prescribed by the state to implement protective mining.
The main forms of punishment are:
1, ordered to stop mining and compensate for losses. Confiscation of mined mineral products and illegal income, and a fine may be imposed;
2. Those who refuse to stop mining and cause damage or 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 fined in accordance with relevant laws and regulations;
3, in violation of the provisions of the mineral resources law, mining mineral resources by destructive mining methods, causing serious damage to mineral resources, constitutes a crime of destructive mining. Should be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and fined.
Mineral resources belong to the state, and the state ownership of surface or underground mineral resources does not change with the ownership or use right of the land to which it is attached. The state guarantees the rational development and utilization of mineral resources. It is forbidden for any organization or individual to occupy or destroy mineral resources by any means. People's governments at all levels must strengthen the protection of mineral resources. To assist in the investigation of mineral resources, it must be registered according to law. To exploit mineral resources, one must apply for mining rights according to law. The state protects the legitimate exploration and mining rights from infringement, and ensures that the production order and work order in mining areas and exploration areas are not affected or destroyed. Mining rights shall not be sold, leased or used as collateral.
Article 343 of the Criminal Law of People's Republic of China (PRC), whoever, in violation of the provisions of the Mineral Resources Law, mines in mining areas planned by the state, mining areas of great value to the national economy and other people's mining areas, or mining specific minerals protected 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, 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.
Answer on 2021-12-13.
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Little stupid elephant classmate
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It is not illegal to dig sand artificially in the river for personal use, if the quantity is small. But if the amount of dredging is large, it is not recommended. After all, the things in the river belong to the country.
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Moonlight clan at
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If it is a small amount, there is nothing illegal. If it is used in large quantities, it needs to go through formalities or purchase procedures, otherwise it belongs to indiscriminate exploitation and development.
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It is illegal to dig sand without administrative permission. In view of the illegal sand mining, the land administrative department of the people's government at or above the county level shall order it to make corrections or control within a time limit and may also impose a fine; If a crime is constituted, criminal responsibility shall be investigated according to law. According to the provisions of the land management law, in violation of land management laws and regulations, occupying cultivated land to build kilns and graves, or building houses, dredging sand, quarrying, mining, taking soil, etc. Unauthorized occupation of cultivated land and destruction of planting conditions. The administrative punishment of illegal sand mining 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; If a crime is constituted, criminal responsibility shall be investigated according to law. According to the provisions of the land management law, in violation of land management laws and regulations, occupying cultivated land to build kilns and graves, or building houses, dredging sand, quarrying, mining, taking soil, etc. Unauthorized occupation of cultivated land and destruction of planting conditions. Article 36 of the Land Management Law People's governments at all levels shall take measures according to local conditions to guide rotation and fallow, improve soil, improve soil fertility, maintain irrigation and drainage facilities, and prevent land desertification, salinization, soil erosion and soil pollution. "Land Management Law" Article 37 Non-agricultural construction must save land. Those who can use wasteland shall not occupy cultivated land; Those who can use inferior land shall not occupy good land. It is forbidden to occupy cultivated land to build kilns and graves, or to build houses, dig sand, quarry, mine or borrow soil on cultivated land without authorization. It is forbidden to occupy permanent basic farmland to develop forestry and fruit industry and dig ponds to raise fish.
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Is it illegal to dig sand artificially in the river for personal use?
It is illegal to dig sand artificially in the river for personal use. River sand is also a kind of mineral resources, and private exploitation is suspected of illegal exploitation. Violation of relevant regulations shall be investigated for legal responsibility: 1, mining without a mining license; 2, unauthorized access to the national planning of mining areas, mining areas of great value to the national economy and other mining areas; 3, unauthorized exploitation of specific minerals prescribed by the state to implement protective mining. The main forms of punishment are: 1, ordering to stop mining and compensating for losses. Confiscation of mined mineral products and illegal income, and a fine may be imposed; 2. Those who refuse to stop mining and cause damage or 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 fined in accordance with relevant laws and regulations; 3, in violation of the provisions of the mineral resources law, mining mineral resources by destructive mining methods, causing serious damage to mineral resources, constitutes a crime of destructive mining. Should be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and fined. Mineral resources belong to the state, and the state ownership of surface or underground mineral resources does not change with the ownership or use right of the land to which it is attached. The state guarantees the rational development and utilization of mineral resources. It is forbidden for any organization or individual to occupy or destroy mineral resources by any means. People's governments at all levels must strengthen the protection of mineral resources. To assist in the investigation of mineral resources, it must be registered according to law. To exploit mineral resources, one must apply for mining rights according to law. The state protects the legitimate exploration and mining rights from infringement, and ensures that the production order and work order in mining areas and exploration areas are not affected or destroyed. Mining rights shall not be sold, leased or used as collateral. According to the law, Article 343rd of the Criminal Law of People's Republic of China (PRC) violates the provisions of the Mineral Resources Law, mines without obtaining a mining license, and enters the state-planned mining area without authorization.