I. Mineral Resources Law of People's Republic of China (PRC)
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; Those who refuse to stop mining and cause damage to mineral resources shall be investigated for criminal responsibility in accordance with the provisions of Article 343rd 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.
Fortieth mining beyond the approved mining area shall be ordered to return to the mining area, compensate for losses, confiscate the mineral products and illegal income from cross-border mining, and may also be fined; Refusing to return to the mining area for mining, thus causing damage to mineral resources, the mining license shall be revoked, and the person directly responsible shall be investigated for criminal responsibility in accordance with the provisions of Article 156 of the Criminal Law.
Article 42 Whoever buys, sells, leases or transfers mineral resources by other means shall have his illegal income confiscated and be fined.
Anyone who, in violation of the provisions of Article 6 of this Law, resells exploration and mining rights for profit shall have his exploration license and mining license revoked, his illegal income confiscated and fined.
Two. Detailed Rules for the Implementation of People's Republic of China (PRC) Mineral Resources Law
Article 42 Where a fine is imposed in accordance with the provisions of Articles 39, 40, 42, 43 and 44 of the Mineral Resources Law, the following provisions shall apply respectively:
(a) unauthorized mining without a mining license, unauthorized entry into the state-planned mining areas, mining areas of great value to the national economy and other people's mining areas, unauthorized mining of specific minerals that are subject to protective mining as stipulated by the state, and a fine of less than 50% of the illegal income;
(two) beyond the approved mining area, impose a fine of less than 30% of the illegal income;
(three) the sale, lease or other forms of transfer of mineral resources and mining rights, the seller, lessor and transferor shall be fined less than twice the illegal income;
(four) illegal use of mining rights as collateral, punishable by a fine of 5000 yuan;
(five) in violation of the provisions of the state on the purchase and sale of mineral products, a fine of less than one time the illegal income shall be imposed;
(six) the destructive mining method is adopted to mine mineral resources, which causes serious damage to mineral resources, and a fine of less than 50% of the lost value of mineral resources is imposed.
Three. Criminal law of the people's Republic of China
Article 343rd crime of illegal mining; Crime of destructive mining
Whoever, in violation of the provisions of the Mineral Resources Law, mines without obtaining a mining license, enters a mining area planned by the state, a mining area of great value to the national economy or other people's mining areas without authorization, or mines a specific mineral subject to protective mining as stipulated 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, and shall also or shall 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.
Whoever, in violation of the provisions of the Mineral Resources Law, exploits mineral resources by destructive mining methods, thus causing serious damage to mineral resources, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined.
Four. 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 Destructive Mining (Fa Shi [2003] No.9)
Article 3 Illegal mining that damages mineral resources with a value of more than 50,000 yuan belongs to "causing damage to mineral resources" as stipulated in the first paragraph of Article 343rd of the Criminal Law; If the amount is more than 300,000 yuan, it belongs to "causing serious damage to mineral resources" as stipulated in the first paragraph of Article 343rd of the Criminal Law.
Article 5 Destructive mining, which causes damage to mineral resources worth more than 300,000 yuan, belongs to "causing serious damage to mineral resources" as stipulated in the second paragraph of Article 343rd of the Criminal Law.
Article 6 Destructive mining methods and the amount of mineral resources destroyed or seriously damaged shall be determined by the competent department of geology and mineral resources at or above the provincial level after verification.
Seventh illegal mining or destructive mining constitute a crime, should be investigated for criminal responsibility according to law, or multiple illegal mining or destructive mining within one year has not been dealt with, the cumulative amount of mineral resources losses.