The mine owner reported that someone entered his mining area without authorization for illegal mining. Who is in charge of mineral law enforcement departments and public security machines (mining law

The mine owner reported that someone entered his mining area without authorization for illegal mining. Who is in charge of mineral law enforcement departments and public security machines (mining law and criminal law)? I understand your question: should mining in a mine owned by others without authorization be subject to administrative punishment or criminal punishment?

The answer is as follows:

Give administrative punishment; At the same time, if the amount of piracy reaches the sentencing standard of the criminal law, it should also be punished. If the circumstances are minor, it shall be punished in accordance with the regulations on administrative penalties for public security.

The administrative punishment shall be implemented by the competent department of mines, and the punishment in accordance with the regulations on administrative penalties for public security shall be decided by the public security. If the punishment reaches the standard of criminal offence, it shall be reported to the public security and procuratorate for prosecution and the court shall make a judgment.

Basis: Article 39 and Article 4 of 1996 Mineral Resources Law.

Article 39 Anyone who, in violation of the provisions of this Law, enters the mining areas planned by the state and those of great value to the national economy without obtaining a mining license, or mines specific minerals that are subject to protective mining as stipulated by the state, shall be ordered to stop mining, compensate for losses, confiscate the mined mineral products and illegal income, and may also be fined; Whoever refuses to stop mining and causes damage to mineral resources shall be investigated for criminal responsibility in accordance with the provisions of Article 156 of the Criminal Law.

Units and individuals that 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 41 Whoever steals or robs mineral products and other property of mining enterprises and exploration units, damages mining and exploration facilities and disturbs the order of mining and exploration operations shall be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law. If the circumstances are obviously minor, they shall be punished in accordance with the relevant provisions of the regulations on administrative penalties for public security.