(1) Mining mineral resources without a mining license; (two) continue to mine mineral resources after the mining license is cancelled or revoked; (3) Mining mineral resources beyond the mining area specified in the mining license; (four) the exploitation of mineral resources without minerals specified in the mining license (except primary and associated minerals); (five) other acts of mining mineral resources without obtaining a mining license.
According to the relevant provisions of mineral resources laws and regulations, unlicensed mining should bear legal responsibilities: it should be ordered to stop mining, compensate for losses, confiscate illegally mined mineral products and illegal income, and may also be fined less than 50% of the illegal income. Refuse to stop mining, resulting in the destruction of mineral resources worth more than 50 thousand yuan, shall be investigated for criminal responsibility according to law.
Illegal mining in the name of tea garden transformation is punished by law —— A case of unlicensed rare earth mining by Lin Deting and others in Lianhe Township, Youxi County, Fujian Province.
In February 2008, Lin Deting, a cadre of the United Township Government in Youxi County, Fujian Province, learned that there were rare earth mines under the surface of the tea garden in Huyang Village. In April, after colluding with villagers Xiao Fangqing and Liao Youzuo in Huyang Village, they signed a tea garden renovation contract with Huyang Village Committee. Subsequently, rare earth minerals were mined in the name of tea garden transformation without a mining license. After being discovered by Youxi County Land and Resources Bureau and ordered to stop illegal activities, it has constituted illegal mining to continue mining. According to the appraisal by Fujian Provincial Department of Land and Resources, the loss value of rare earth ore caused by illegal mining reached 196200 yuan.
On June 5438+ 10, 2009, Youxi County People's Court found that the above acts constituted the crime of illegal mining, sentenced Lin Deting to one year and six months' imprisonment and fined 60,000 yuan. He was sentenced to one year in prison and fined 50,000 yuan; Liao You was sentenced to one year's imprisonment and fined 30,000 yuan. Criminal sentences are also given to other people who violate the law.
Comment and analysis
The Mineral Resources Law of People's Republic of China (PRC) stipulates that exploration and exploitation of mineral resources must be applied separately according to law, and exploration and mining rights must be obtained after approval and registration. The Detailed Rules for the Implementation of the Mineral Resources Law further stipulates that the state shall implement a licensing system for the exploration and exploitation of mineral resources. To exploit mineral resources, one must apply for registration according to law, obtain a mining license and obtain the mining right. In this case, Lin Deting, Xiao, Liao Youzuo and others mined rare earth minerals without obtaining a mining license, which is a typical unlicensed mining behavior.
The facts of this case are clear and accurate, but the handling is not completely in place. According to the Mineral Resources Law of People's Republic of China (PRC) and its supporting regulations, unlicensed mining should bear legal responsibilities: it should be ordered to stop mining, compensate for losses, confiscate the mined mineral products and illegal income, and may also be fined less than 50% of the illegal income. In accordance with the provisions of the Criminal Law of People's Republic of China (PRC) and relevant judicial interpretations, those who refuse to stop mining and cause losses of mineral resources worth more than 50,000 yuan shall be investigated for criminal responsibility according to law. According to the above provisions, in addition to the criminal responsibility of the parties, the administrative legal responsibility of the parties should also be investigated.
Judging from the handling results of this case, the parties concerned have been investigated for criminal responsibility. However, in order to safeguard all the rights and interests of the country's mineral resources, administrative penalties should also be imposed on the parties concerned, and their illegal income should be confiscated 196200 yuan. Only in this way can we punish the offenders more effectively and make them pay a high price for their illegal behavior.
The illegal exploitation of rare earth minerals has caused the destruction of forest land to be severely punished-the case of Hu Dadong and others illegally exploiting rare earth minerals in Longchuan County, Guangdong Province
Since 2007, Hu Dadong, a farmer from Jiangxi Province, has been mining rare earth minerals in Shihu Village, Shang Ping Town, Longchuan County, Heyuan City, Guangdong Province without a mining license. In 2008, the mine was closed according to law, and Hu Dadong transferred the mine to local villagers Chen Huafeng and others. From February to 20, 200810, Chen Huafeng and others carried out mining within the above range. During this period, Longchuan county government and management departments cleaned up and rectified many times, but Chen Huafeng and others did not stop mining activities. The above behavior has constituted illegal mining and caused serious damage to 5 1.5 mu of forest land.
On March 20 10, under the supervision of Guangdong Provincial Department of Land and Resources, Longchuan County Government and relevant departments took effective measures to ban the illegal mine. On May 27th, Longchuan County People's Court found that illegal mining caused serious damage to forest land, which constituted the crime of illegal occupation of agricultural land, sentenced Hu Dadong to two years' imprisonment and fined 50,000 yuan. Chen Huafeng was sentenced to 8 months' imprisonment and fined 50,000 yuan. The Longchuan County Party Committee and the government took disciplinary action against six public officials for dereliction of duty.
Comment and analysis
In this case, illegal mining has caused serious damage to a large area of forest land. The above-mentioned illegal acts not only constitute illegal mining, but also constitute illegal occupation of agricultural land, and should bear corresponding legal responsibilities.
When it comes to the investigation of criminal responsibility, according to the relevant provisions of the criminal law, it depends on whether the perpetrator has committed one or more illegal acts. If it is more than two, it should be "combined punishment for several crimes"; If there is one crime, that is, two or more crimes are committed by the same act, one of the most severe criminal punishments can be convicted and punished according to the principle of "choose one from the other", that is, "felony absorbs misdemeanor". In this case, the illegal exploitation of rare earth mines has caused a lot of damage to forest land. In practice, it is difficult to obtain evidence of the value of destroying rare earth minerals. In addition, drip irrigation is usually used to mine rare earth minerals, which is not as destructive as other mineral resources. It should be said that it is more appropriate for the judicial organs to convict and punish the crime of illegal occupation of agricultural land.
Although the above-mentioned criminal punishment is appropriate, according to the laws and regulations on mineral resources, Hu Dadong and Chen Huafeng should be given administrative punishments such as confiscation of illegal income and illegal exploitation of mineral products, but the local land and resources authorities did not give them, which is the shortcoming of this case.
If you refuse to stop mining without a license, the law will severely punish you-the case of illegal mining of ceramic clay mines by Liu Canyang and others in Chaoan County, Guangdong Province
From June 5438+ 10 in 2008 to April 2009, Liu Canyang, a villager from Xikou No.7 Village, Linxi Town, Chao 'an County, Guangdong Province, and Huang and others from Xiangqiao District illegally mined ceramic clay mines in the "Beautiful City" area of East Street in Xiangqiao District without obtaining a mining license. During the period, the local land and resources authorities, public security departments and other relevant departments warned and stopped many times, but they did not stop illegal mining. According to the investigation and appraisal according to law, Liu Canyang and others illegally exploited 5098.3 tons of ceramic clay ore, resulting in the destruction value of mineral resources 185848 yuan.
On June 5438+February 2009, the People's Court of Xiangqiao District made a judgment on the case according to law. Liu Canyang was found guilty of illegal mining, sentenced to one year and six months in prison and fined 50,000 yuan; Huang was convicted of illegal mining, sentenced to one year and two months in prison and fined 40,000 yuan.
Comment and analysis
This is a typical case of unlicensed mining.
Liu Canyang, Huang and others exploited ceramic clay mines without obtaining a mining license, and refused to stop mining after repeated attempts by the local land and resources authorities, resulting in the destruction of mineral resources. Their behavior has constituted the crime of illegal mining. Xiangqiao District People's Court found Liu Canyang and Huang guilty of illegal mining in accordance with the relevant provisions of the Criminal Law of People's Republic of China (PRC) and the 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 Destruction of Mining, with accurate qualitative analysis and appropriate sentencing.
Illegal exploitation of iron ore by Qin in Changyang County, Hubei Province was sentenced for destroying resources without a license
In June 2009, Qin, a villager from Pingshe Village, Lang Ping Town, Changyang County, Hubei Province, exploited iron ore resources in the east of Fenghuangshan Primary School in the town without obtaining a mining license. In July of the same year, the Lang Ping Town Government found out and stopped it. Subsequently, the local land and resources authorities issued two notices to stop illegal activities, but Qin did not stop illegal mining. According to the investigation and appraisal by the competent department of land and resources, Qin illegally exploited 2907 tons of iron ore, resulting in a loss of mineral resources worth 3 1.9 million yuan, which was suspected of committing a crime.
From June 5438 to February 2009, Qin was arrested according to law. On March 20 10, Changyang county people's court found him guilty of illegal mining, sentenced him to fixed-term imprisonment of 10 month (suspended 1 year) and fined him 20,000 yuan.
Comment and analysis
In this case, Qin mined iron ore without obtaining a mining license, and refused to stop mining after the local land and resources authorities ordered him to stop illegal activities twice, causing damage to mineral resources, which was illegal mining. The Changyang County People's Court found Qin guilty of illegal mining according to the relevant provisions of the Criminal Law of People's Republic of China (PRC) and the 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, and the qualitative analysis was accurate. However, there is no basis and no reason for a light sentence.
Severely punish the safety accidents caused by illegal coal mining —— The case of illegal coal mining in He Zhibo, Panzhihua City, Sichuan Province.
From 2008 1 1 to February 2009, He Zhibo, a farmer from Xichong County, Sichuan Province, violated the ban by opening the sealed coal well behind the mud hill in Banhai Village, Taiping Township, and organized illegal coal mining. On February 3rd, 2009, illegal mining of 13 caused a safety accident, which resulted in the death of 1 person and the disappearance of two people. The local public security organ filed a case for investigation on suspicion of a major accident, and applied to the Sichuan Provincial Department of Land and Resources for appraisal of the loss value caused by illegal coal mining. According to legal appraisal, illegal coal mining in He Zhibo caused a loss of mineral resources worth 92,300 yuan, which was suspected of committing a crime.
In July 2009, the Renhe District People's Court of Panzhihua City found He Zhibo guilty of major accidents and illegal mining. He was sentenced to three years and six months in prison and fined 30,000 yuan.
Comment and analysis
This case is a typical illegal mining case, which caused a major safety accident.
In this case, He Zhibo, Panzhihua City, Sichuan Province, opened a closed and sealed coal mine without obtaining a mining license, and organized personnel to mine coal resources. According to Article 3 of the Mineral Resources Law of People's Republic of China (PRC), "To exploit mineral resources, an application must be made according to law, and the mining right must be approved and registered", which constitutes illegal mining, and a safety accident has occurred, resulting in serious consequences of 1 person's death and 2 missing persons. The public security organ filed a case for investigation on suspicion of a major accident. After applying to the Sichuan Provincial Department of Land and Resources to identify the losses caused by illegal coal mining, it was found that the loss of mineral resources caused by illegal coal mining in He Zhibo was 92,300 yuan, which was suspected of illegal mining.
Judging from the facts of the case, according to the Mineral Resources Law of People's Republic of China (PRC), the competent department of land and resources determined that He Zhibo constituted illegal mining, which was very accurate. So, does the above behavior constitute the crime of illegal mining? Article 343rd of the Criminal Law of People's Republic of China (PRC) stipulates that anyone who refuses to stop mining after being ordered to do so constitutes a crime. Article 3 of the Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Laws in the Trial of Criminal Cases of Illegal Mining and Destructive Mining stipulates that illegal mining, which causes damage to mineral resources worth more than 50,000 yuan, is regarded as causing damage to mineral resources and constitutes the crime of illegal mining. In this case, the local government has issued a notice explicitly prohibiting illegal coal mining, and He Zhibo violated the government's ban to carry out illegal mining, which belongs to the situation of refusing to stop mining after being ordered to stop mining, resulting in the destruction of mineral resources worth more than 50,000 yuan, which has constituted the crime of illegal mining.
The nature of this case is accurate and the applicable law is correct. It not only severely punished the offenders, but also effectively cracked down on illegal mining, which played a deterrent and publicity and education role.
Stealing sand at night, found by inspection, investigated and dealt with in place-Sun Liang's illegal sand mining case in Shizuishan City, Ningxia
On July 20 10, the law enforcement and supervision detachment of Shizuishan City found that Sun Liang, a local, was using two loaders to mine sand and gravel without a license in the west of Dawukou District 1 10 National Road. Law enforcement officers stopped it on the spot and preserved the evidence of mining equipment. Subsequently, after investigation by Shizuishan Municipal Bureau of Land and Resources, it was found that Sun Liang mined 44 cars of sand and gravel from the evening of July 4 to the early morning of July 5 without obtaining a mining license according to law, and obtained illegal income 1540 yuan. Its behavior belongs to illegal mining. Shizuishan Municipal Bureau of Land and Resources made the following administrative punishment decisions according to law: ordered to stop illegal mining; The illegal income of 1540 yuan was confiscated and a fine of 18460 yuan was imposed. The parties consciously performed the administrative penalty decision within the statutory time limit, and the case was closed at the end of July, 2065438+00.
Comment and analysis
The case is simple, but some practices in law enforcement are worth learning.
Small-scale mining does not need large equipment for mineral resources with wide distribution and shallow burial, such as sandstone and clay. People who break the law are afraid of being discovered, and often mine at night, which is extremely concealed and difficult to be discovered. This case was discovered by Shizuishan City Land and Resources Law Enforcement Supervision Detachment at night, which was not easy. At the same time, it also shows the necessity and effectiveness of inspection methods.
As we all know, the administrative departments of land and resources have no administrative coercive means such as sealing up or detaining. In the face of unlicensed mining, they can only be ordered to stop illegal mining. If the parties refuse to stop mining, they will often be at a loss. In this case, taking evidence to register and save first can often play an unexpected role. Article 37 of the Administrative Punishment Law stipulates: "If the evidence may be lost or difficult to obtain later, it may be registered and preserved in advance with the approval of the person in charge of the administrative organ, and a decision on handling shall be made in time within seven days. During this period, the parties or relevant personnel shall not destroy or transfer the evidence. " The administrative department of land and resources shall register and preserve the evidence of the illegal mining equipment, vehicles and tools of the parties in advance. This has a legal basis, not seizure, but it will play a role in seizure. Mining equipment and tools, etc. Usually of high value, criminals will not abandon them. Because of this, the parties often take the initiative to cooperate with the investigation, which can solve the problem of difficult investigation to a certain extent.
Illegal coal mining in the name of building an efficient agricultural park was severely punished —— The illegal coal mining case of Jin Dong Real Estate Investment Co., Ltd., Pingding County, Shanxi Province
From June 5438 to February 2009, Jin Dong Real Estate Investment Co., Ltd., Pingding County, Yangquan City, Shanxi Province, applied to Pingding County Government to occupy Baijinggou collective land in Zhangzhuang Village, Zhangzhuang Town, the county to build an "efficient agricultural park". Pingding county government agreed. Subsequently, since the end of June 20 10, the company has not carried out any agricultural development, but has carried out illegal coal mining activities. During the period, Pingding County Land and Resources Bureau tried to stop it many times, but the company's illegal coal mining activities were intermittent. According to the investigation, the company illegally mined 45,000 tons of coal and obtained sales income of10.76 million yuan. There are still 6000 tons of coal in the coal storage yard, which have not been sold yet. In addition, the Pingding County Government charged a temporary land occupation fee for the so-called "Efficient Agricultural Park" of Jin Dong Real Estate Investment Co., Ltd., and after the company illegally mined coal, it collected 2 million yuan in advance in the name of "current payment". Moreover, after receiving many reports from the Zhangzhuang town government on the above illegal coal mining behavior, no effective measures were taken to stop and investigate it.
Under the supervision of the Ministry of Land and Resources, 201kloc-0/1,Pingding County Land and Resources Bureau made an administrative penalty decision on Jin Dong Real Estate Investment Co., Ltd., ordered it to stop illegal mining, failed to store 6,000 tons of coal on the spot according to regulations, confiscated illegal income of10.76 million yuan, and imposed1. 2011March, Pingding County Land and Resources Bureau applied to the people's court for compulsory execution, and transferred the case to the county public security bureau to investigate the criminal responsibility of the parties.
For the problems existing in the performance of regulatory duties by the Pingding County government and management departments, the Shanxi Provincial Supervision Department made a decision on the responsible person: giving Zhang Yingtao, the executive deputy magistrate of Pingding County, a greater administrative record; Zhang Zhixian, deputy head of Pingding County, was given an administrative warning. The relevant responsible personnel of Yangquan City and Pingding County Land and Resources Bureau were also given administrative sanctions respectively.
Comment and analysis
This is a typical case of illegal mining.
Jin Dong Real Estate Investment Co., Ltd., Pingding County, Shaanxi Province, proposed to the local government to build an efficient agricultural park. After obtaining the consent, agricultural development was not carried out, but coal was mined without a mining license. In accordance with the relevant provisions of the Criminal Law of People's Republic of China (PRC) and the 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, the local competent department of land and resources refuses to stop mining after repeatedly issuing notices ordering it to stop illegal activities, thus causing the destruction of mineral resources. Pingding County Land and Resources Bureau punished him for confiscating illegal income and storing coal on the spot, and fined him, and transferred the person responsible for illegal mining to Pingding County Public Security Bureau for criminal responsibility. The qualitative analysis is accurate and the applicable law is correct.
The Pingding County Government charged a temporary land occupation fee for the so-called "Efficient Agricultural Park" of Jin Dong Real Estate Investment Co., Ltd. After the company illegally mined coal, it collected 2 million yuan in advance in the name of "current payment". The failure to take effective measures to stop and investigate the above-mentioned illegal coal mining behavior after receiving many reports from the Zhangzhuang town government shows that the relevant leaders of the county government condone the illegal mining behavior of Jin Dong Real Estate Investment Co., Ltd., and it also shows that there are serious problems in fulfilling its supervisory duties. The handling of the responsible person by the Shanxi Provincial Supervision Office is completely legal.
Illegal mining of rare earths will be severely punished —— Case of illegal mining of rare earths in Xinfeng County, Jiangxi Province
20 10 Since February, villagers Tang Jingming of Ganxian County and Wang Jinfeng of Xinfeng County in Jiangxi Province have illegally mined rare earth mines in Xintian, Hushan, Anxi and Da Qiao of Xinfeng County. By the end of March, 22 illegal rare earth mining sites had been formed one after another, including 15 heap leaching site explicitly prohibited by local government and 7 mining sites without mining license, which caused serious damage to forest land.
In late March, after receiving reports from the masses, the governments of Ganzhou City and Xinfeng County took decisive measures and punished them according to law. At present, all 22 illegally mined mines have been banned. Five responsible persons, Tang Jingming, Wang Jinfeng, Liu Hailong, Cao Yangming and Wu Jinhua, who caused serious damage to forest land and were suspected of committing crimes, were criminally placed on file by public security organs, including criminal detention 1 person, and 4 people were released on bail pending trial. Ganzhou Supervision Bureau gave Xie Yongqing, deputy head of Xinfeng County, who has the main leadership responsibility, administrative demerit. The relevant responsible personnel of the relevant township governments were investigated for responsibility respectively.
Comment and analysis
This is a mass case of indiscriminate exploitation of mineral resources and serious damage to forest land due to illegal exploitation of rare earth minerals. For such a large-scale case of indiscriminate mining and excavation of mineral resources, the measures taken by Ganzhou municipal government and administrative departments are decisive and rapid. As a result of decisive and rapid measures, those who dig indiscriminately only accumulated mine soil and were hit before mining mineral products. Although no mineral products were mined, it caused serious damage to forest land. Therefore, the local public security organs have filed a criminal case against the responsible person for the crime of illegal occupation of agricultural land, which is accurate in nature and correct in applicable law.
The above-mentioned large-scale indiscriminate mining and excavation involves many mines, which has caused serious damage to forest land, reflecting the problems existing in mineral resources management of Xinfeng county government and related township governments. The Ganzhou Municipal Supervision Bureau has separately investigated the responsibilities of the deputy magistrate of Xinfeng County and the relevant responsible personnel of the township government, which will play a good warning and education role.