Legal authority should not be underestimated and challenged-Gu unlicensed mining case in Zhenjiang, Jiangsu Province?

On April 6, 2008, Group 5 Gu of Xinhe Village, Shi Ye Town, Dantu District, Zhenjiang City, Jiangsu Province illegally mined without obtaining a mining license. Entrusted by the Municipal Bureau of Land and Resources, the Land and Resources Branch of Dantu District initiated an investigation into its illegal exploitation of mineral resources, and confirmed that the amount of losses caused by illegal exploitation of mineral resources was 1.47 million tons. In May 2008, Zhenjiang Municipal Bureau of Land and Resources made a decision on administrative punishment, but Gu refused to stop illegal mining. From August 13 to February 12, 2008, he repeatedly entered the closed quarry in Donggu Village, Gaozi Town, Dantu District, and moved the warning sign prohibiting mining without authorization, which was suspected of committing a crime.

On June 5438+065438+1October 12, 2008, Zhenjiang Municipal Bureau of Land and Resources transferred the case to Dantu District Public Security Bureau for investigation. On June 28th, 2008, Dantu District Public Security Bureau took compulsory measures against Gu according to law. On August 4, 2009, the People's Court of Dantu District held a public hearing on Gu's case of illegal exploitation of mineral resources and found Gu guilty of illegal mining. The court sentenced Gu to 9 months' imprisonment, fined RMB 654.38+10/00000, and confiscated his illegal income.

Analysis of this case is a case of unlicensed mining in a closed quarry.

The parties in this case are not state-owned enterprises or collective enterprises, but independent individuals. Even so, the case has gone through a lot of hardships in the process of handling, which reflects the contempt of the parties for the laws and regulations on mineral resources management and the "fearless" law enforcement of mineral resources.

In this case, Gu's behavior violated the provisions of Article 3 of the Mineral Resources Law that "to exploit mineral resources, a separate application must be made according to law, and exploration and mining rights must be obtained after approval, and mining registration should be handled", and he should be given administrative punishment of confiscation of illegal income and fines in accordance with the provisions of Article 39 of the Mineral Resources Law and Article 42 of the Detailed Rules for the Implementation of the Mineral Resources Law. Those who refuse to stop illegal mining shall be transferred to judicial organs for criminal responsibility. Zhenjiang Municipal Bureau of Land and Resources made an administrative penalty decision in May 2008, but the parties refused to implement the penalty decision and refused to stop illegal mining. Therefore, Zhenjiang Municipal Bureau of Land and Resources transferred the case to the public security organ, took administrative compulsory measures in time, terminated the illegal act, investigated it as a criminal case, and finally punished the parties involved in illegal mining.

For this kind of illegal mining cases, it is an effective law enforcement means to move the law enforcement barrier forward, find it early and stop it early. Once the climate is formed, or the offenders make huge profits, not only will the state property suffer losses, but it will also increase the difficulty of investigating cases.