Basis of administrative punishment for illegal mining

The Mineral Resources Law, the Detailed Rules for the Implementation of the Mineral Resources Law and the Measures for the Administration of the Registration of Mineral Resources Exploitation all clearly stipulate the legal responsibilities for illegal exploitation of mineral resources. Administrative punishment should be given to illegal mining, and criminal responsibility should be investigated if it constitutes a crime.

The legal basis for punishing illegal mining is criminal law and other laws and regulations. Those who constitute the crime of illegal mining are generally sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and are also or only 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.

Sentencing standard of illegal mining crime

The sentencing standards for the crime of illegal mining are as follows:

(1) If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined;

(2) 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.

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Legal basis: Article 343rd of the Criminal Law of People's Republic of China (PRC).

The crime of illegal mining violates the provisions of the Mineral Resources Law, mines without a mining license, mines in mining areas planned by the state, mining areas of great value to the national economy and other people's mining areas, or mines specific minerals protected by the state. If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or 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.

The crime of destructive mining violates the provisions of the Mineral Resources Law and uses destructive mining methods to mine mineral resources, causing serious damage to mineral resources, and shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and fined.