Calculated by earthwork volume. Including theft, a case in Rizhao, Shandong Province, the price of stealing 1.200 cubic meters of earthwork is 1.200 yuan. He was sentenced to 3 years in prison and fined 20,000 yuan.
The filing standards for illegal soil borrowing are as follows:
1. If the actor illegally takes soil to exploit mineral resources, and the value of the mineral products or the damage caused to the mineral resources reaches10-300,000 yuan, it shall be put on file;
2, in the national planning of mining areas, mining areas of great value to the national economy, mining specific minerals for protective mining, or mining in the forbidden mining area, the forbidden mining period, the value reached 554.38+0.5 million yuan, should be placed on file.
The standard for filing illegal land occupation is:
1, illegally occupying or destroying shelter forest land and special-purpose forest land, respectively, or totaling more than five mu;
2, illegal occupation and destruction of other forest land reached more than ten acres;
3, illegal occupation, destruction of the provisions of the first (a) and (two) of this article, the number reached more than 50% of the corresponding number standard;
4. Illegally occupying or destroying the forest land specified in Items (1) and (2) of this article, in which one quantity reaches more than 50% of the corresponding quantity standard, and the two quantities together reach the specified quantity standard.
Rights enjoyed after being detained on suspicion of illegal occupation of land;
1, the right to legal help;
2. The right to entrust a defender;
3. The right to apply for withdrawal;
4. The right to use the spoken and written languages of one's own nationality in litigation;
5. The right to apply for bail pending trial;
6. The right to demand the cancellation of compulsory measures;
7. The right to apply for supplementary appraisal or re-appraisal;
8. The right of appeal against the decision of non-prosecution made by the people's procuratorate;
9. The right to check transcripts;
10, the right to sue for infringement;
1 1. Right to compensation.
To sum up, borrowing soil 1200m3 constitutes a criminal offence. Calculated by earthwork volume. Including theft, a case in Rizhao, Shandong Province, the price of stealing 1.200 cubic meters of earthwork is 1.200 yuan. He was sentenced to 3 years in prison and fined 20,000 yuan.
Legal basis:
Article 342nd of the Criminal Law of People's Republic of China (PRC)
The crime of illegal occupation of agricultural land violates land management laws and regulations, illegally occupies cultivated land, forest land and other agricultural land, changes the use of occupied land, and causes massive destruction of cultivated land, forest land and other agricultural land, and shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also or shall only be fined.
One of article 342nd
Crime of destroying nature reserves Whoever, in violation of laws and regulations on the management of nature reserves, carries out reclamation and development activities or builds buildings in national parks or national nature reserves, resulting in serious consequences or other vile circumstances, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also or only be fined.
Whoever commits the acts mentioned in the preceding paragraph and constitutes other crimes shall be convicted and punished in accordance with the provisions of heavier punishment.
Article 75 of the Land Administration Law of the People's Republic of China
Anyone who, in violation of the provisions of this Law, occupies cultivated land to build kilns and graves, or builds houses, digs sand, quarries, mines and borrows soil on cultivated land without authorization, which damages the planting conditions, or causes land desertification and salinization due to land development, shall be ordered by the competent department of natural resources of the people's government at or above the county level and the competent department of agriculture and rural areas to make corrections within a time limit and may also be fined; If a crime is constituted, criminal responsibility shall be investigated according to law.