How to punish illegal gold mining?
Hello, 1. Whoever, in violation of the provisions of the Mineral Resources Law, mines in state-planned mining areas, mining areas of great value to the national economy and other people's mining areas without obtaining a mining license, or mines 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 control, and shall also, or shall 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. Hello, I am a cooperative lawyer of the legal platform, and I am very happy to serve you. Please wait a moment to answer your question. Oh, 1, who, in violation of 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 that are 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. 2. 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 shall be fined to answer whether to go through the formalities. Hello, after the punishment is over, you need to go through the formalities. Do you have any questions? Answer that. If there are no questions, I wish you a smooth follow-up on this question. Article 42 of the Detailed Rules for the Implementation of the Mineral Resources Law stipulates that those who are fined in accordance with the provisions of Article 40 of the Mineral Resources Law shall be subject to the following provisions: those who exploit beyond the approved mining area shall be fined less than 30% of their illegal income. Article 17 of the Measures for the Administration of Mineral Resources Mining Registration stipulates that any unit or individual who mines beyond the approved mining area shall be punished by the registration administration organ in accordance with the provisions of relevant laws and administrative regulations. Hello, I am a cooperative lawyer of Baidu, and I am very happy to answer Article 43 of the Mineral Resources Law of People's Republic of China (PRC) (revised in 2009). Whoever, in violation of the provisions of this law, purchases or sells mineral products purchased by the state shall have his mineral products and illegal income confiscated and may also be fined. If the circumstances are serious, criminal responsibility shall be investigated in accordance with the relevant provisions of the Criminal Law. Article 45 The administrative punishment prescribed in Article 43 of this Law shall be decided by the administrative department for industry and commerce of the people's government at or above the county level. Answer: Article 43 of the Mineral Resources Law of People's Republic of China (PRC) (revised in 2009) If anyone buys or sells mineral products purchased by the state in violation of this law, the mineral products and illegal income shall be confiscated and a fine may be imposed; If the circumstances are serious, criminal responsibility shall be investigated in accordance with the relevant provisions of the Criminal Law. Article 45 The administrative punishment prescribed in Article 43 of this Law shall be decided by the administrative department for industry and commerce of the people's government at or above the county level. In violation of the provisions of this law, anyone who, without obtaining a mining license, enters the state-planned mining areas and mining areas of great value to the national economy without authorization, 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. Article 42 of the Detailed Rules for the Implementation of the Mineral Resources Law stipulates that the fines imposed in accordance with Article 39 of the Mineral Resources Law shall be implemented in accordance with the following provisions: those who mine without obtaining a mining license, those who enter the state-planned mining areas, mining areas of great value to the national economy and other people's mining areas without authorization, and those who mine specific minerals that are subject to protective mining as stipulated by the state, shall be fined less than 50% of their illegal income. Answer: Article 17 of the Measures for the Administration of Mineral Resources Mining Registration stipulates that those who mine without a mining license and enter the state-planned mining areas and mining areas of great value to the national economy to mine specific minerals that are subject to protective mining as stipulated by the state shall be punished by the registration administration organ in accordance with the provisions of relevant laws and administrative regulations. Answer: Article 42 of the Detailed Rules for the Implementation of the Mineral Resources Law stipulates that if a fine is imposed according to Article 40 of the Mineral Resources Law, the following provisions shall apply: anyone who mines beyond the approved mining area shall be fined less than 30% of the illegal income. Article 17 of the Measures for the Administration of Mineral Resources Mining Registration stipulates that any unit or individual who mines beyond the approved mining area shall be punished by the registration administration organ in accordance with the provisions of relevant laws and administrative regulations. I hope my consultation can help you solve the practical problems you encounter. If you have any follow-up questions, you are welcome to continue your consultation. Thank you again for your consultation and wish you a happy life ~ Answer