On the afternoon of June 6th, 2009, at around 17, law enforcement inspectors in Jincheng inspected Beigou Village, Beicheng Sub-district Office of Gaoping City, which has been included in the key inspection area, and found a small amount of coal dust scattered on the rugged mountain road. When patrolling the buried private mining (point) behind the old warehouse in the east of the village, they found someone organizing production here. Three inspectors immediately bypassed two miners, caught them red-handed, ordered them to lift the miners into the well, and quickly took control of five illegal miners. At the same time, the inspectors quickly informed the leaders of Jincheng Land and Resources Bureau and Gaoping Land and Resources Bureau of the situation. Gao immediately organized 10 more than land resources and public security personnel to rush to the scene. At this time, it was getting late. After taking necessary photos of the illegal mining site, city and county law enforcement officers brought five illegal miners back to Beicheng Sub-district Office. 18: 30, after a brief meeting with relevant departments, three inquiry groups were formed by personnel from the departments of land and resources and public security, and five illegal miners were asked in isolation. At around 23: 30, the confessions of five illegal miners have all been consistent.
65438+1October 17, Gaoping Land and Resources Bureau entrusted Shanxi 2 12 geological team with geological exploration qualification to measure and identify the damage degree of underground resources in this private mine (point), and found that Liujiang River accumulated 260 tons of coal, resulting in 6,024 tons of coal resources damage. Appraised by Shanxi Provincial Department of Land and Resources, the damage value of mineral resources caused by illegal exploitation of Liujiang River is 5438238 yuan.
65438+1On October 22nd, Gaoping Municipal Bureau of Land and Resources handed over Liu's illegal mining case to public security organs for investigation. After examination and prosecution by Gaoping Municipal People's Procuratorate, Gaoping Municipal People's Court pronounced a verdict on Liu's illegal mining case on May 6, 2005:
Liu was convicted of illegal mining and sentenced to four years in prison and fined 100000 yuan.
Other people involved in illegal mining have also been subjected to different degrees of administrative detention and fines.
Analysis of this case is a typical illegal mining case.
The facts of this case are not complicated, and the investigation and handling of Gaoping Land and Resources Bureau also conforms to the procedural requirements. The key issue in this case is when to calculate the value of the destruction of mineral resources caused by illegal mining.
The Criminal Law of People's Republic of China (PRC) (hereinafter referred to as the Criminal Law) stipulates the crime of illegal mining, and the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Criminal Cases of Illegal Mining and Destruction of Mining stipulates that illegal mining causes damage to mineral resources worth more than 50,000 yuan, which belongs to "causing damage to mineral resources"; More than 300,000 yuan belongs to "causing serious damage to mineral resources". The amount of damage or serious damage to mineral resources shall be determined by the competent department of geology and mineral resources at or above the provincial level after verification. On August 3rd, 20051,the Provisions of the Ministry of Land and Resources on the Evaluation Procedure of Mineral Resources Damage Caused by Illegal Mining and Destructive Mining (Guo Tu Zi Fa [2005]175) stipulated that the damage value of mineral resources caused by illegal mining should be evaluated according to the following principles: the damage value of mineral resources caused by illegal mining includes the value of mined mineral products and should be mined according to scientific and reasonable mining methods. However, there is no clear stipulation whether the damage value is calculated from the time when the mining is ordered to stop or from the time when the mineral resources are mined without a license. Obviously, the starting time directly affects the value of damage or serious damage to mineral resources.
We believe that the value of destroying mineral resources should be calculated from illegal exploitation. The reason is that it is driven by economic interests. In some places, the wind of indiscriminate mining and digging is getting worse and worse, but repeated rectification has had little effect. In this regard, the judicial interpretation clearly stipulates the criminal responsibility investigation standards for illegal mining and destructive mining, which provides a clear legal basis for using criminal means to curb the criminal acts of destroying mineral resources and plays an important role in protecting mineral resources. The determination of the destructive value of mineral resources caused by illegal mining shall be calculated in accordance with the principles stipulated in the Provisions of the Ministry of Land and Resources on the Appraisal Procedures for Destruction of Mineral Resources Caused by Illegal Mining and Destructive Mining, that is, the amount shall be calculated from the time of illegal mining, and those who refuse to stop after being ordered to stop mining shall be regarded as the constitutive elements of the crime, so as to effectively curb and crack down on illegal crimes of mineral resources.
In this case, Gaoping Municipal Bureau of Land and Resources and Shanxi Provincial Department of Land and Resources calculated the exploitation amount of Liujiang River according to this principle, instead of just identifying it as 5 tons of raw coal. In doing so, it can also warn offenders that if the decision of the administrative organ to stop mining is ignored, the new accounts and old accounts will be counted together, which will bear more serious legal consequences.