Relevant applicable laws: People's Republic of China (PRC) Criminal Law Amendment (VIII) 1 47. The first paragraph of Article 343 of the Criminal Law is amended as: "In violation of the provisions of the Mineral Resources Law, mining in the state-planned mining areas, mining areas of great value to the national economy and other mining areas without obtaining a mining license, or mining specific minerals that are subject to protective mining as stipulated by the state, if the circumstances are serious. If the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and fined. " 2. Article 39 of the Mineral Resources Law, in violation of the provisions of this law, enters the state-planned mining areas and mining areas of great value to the national economy without obtaining a mining license, or mines specific minerals protected 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. 3 "People's Republic of China (PRC) River Management Regulations" Article 44 in violation of the provisions of these regulations, one of the following acts. The river authorities of the local people's governments at or above the county level may, in addition to ordering them to correct illegal acts and take remedial measures, also impose warnings, fines and confiscation of illegal income; The relevant responsible personnel shall be given administrative sanctions by their units or higher authorities; If the case constitutes a crime, criminal responsibility shall be investigated according to law: (4) sand mining, earth borrowing, gold panning, dumping sand or silt, blasting, drilling and digging fish ponds within the scope of river management without approval or in accordance with the provisions of the river authorities;
Legal objectivity:
What can I do before I am arrested? (1) Surrender affects sentencing. It is recommended to surrender to the public security organs as soon as possible and truthfully confess your actions. Surrender is legal and can be mitigated or given a lighter punishment. Among them, if the crime is minor, the punishment may be exempted. (2) actively cooperate with the relevant authorities to influence sentencing, truthfully answer questions related to the case, and refuse to answer questions unrelated to the case without protecting others. (3) Confessing the case affects sentencing. When explaining the case, the actor can explain what positive measures have been taken to recover the victim's losses after the case occurred. (four) citizens in the exercise of litigation rights, such as violations of civil litigation rights and personal insults, have the right to sue. What can I do after being arrested by the public security organs? (1) procedure legally affects the litigation time. If compulsory measures (such as detention and arrest) are taken beyond the statutory time limit (the maximum detention period shall not exceed 37 days, and the detention period after arrest shall not exceed 2 months), I may request the cancellation of compulsory measures. (2) The criminal interview affects the whole case. If it is in the investigation stage, only lawyers can meet, then lawyers can be entrusted to intervene in the investigation stage to understand the case, find out the violated laws and regulations, and avoid worse consequences because they don't understand the procedures and laws and regulations. (3) The legal right to obtain a bail pending trial. Those who are seriously ill, unable to take care of themselves or are pregnant or breast-feeding their children may apply for a bail pending trial. Trial stage (1) withdrawal of the rights of the parties If the judges, clerks and jurors involved in the trial are found to be related to the case, they may apply for withdrawal. (II) Litigation Rights/Personality Rights The rights of the parties may sue judicial staff for violating their legal litigation rights (such as the right to free debate) and personal insults. (III) Right to cross-examine In the process of participating in the court hearing, the parties can know the facts and evidence of the alleged crime. You can put forward your own opinions on the contents of witness testimony, expert conclusion and inquest record that did not appear in court. (4) Exercise the right of self-defense: the parties have the right to participate in the court debate and make a final statement. (5) Abiding by the rules of court trial Obligations of the parties When participating in the court trial, they shall abide by the rules of court and cooperate with judicial personnel in litigation activities according to law.