Understanding and application of supreme law

Article 155 of the Supreme People's Court's Interpretation on the Application of the Criminal Procedure Law of People's Republic of China (PRC): When making a judgment on an incidental civil action, the amount of compensation that the defendant should pay should be determined according to the material losses caused by the criminal act and the specific circumstances of the case. If a criminal act causes personal injury to the victim, it shall compensate medical expenses, nursing expenses, transportation expenses and other reasonable expenses for treatment and rehabilitation, as well as the income reduced due to absenteeism. If the victim is a disabled person, he shall also compensate for the expenses of living AIDS for the disabled; If the victim dies, he shall also pay compensation for funeral expenses and other expenses. If driving a motor vehicle causes casualties or heavy losses to public or private property, which constitutes a crime, the liability for compensation shall be determined in accordance with the provisions of Article 76 of the Road Traffic Safety Law of the People's Republic of China. If the parties to an incidental civil action reach a mediation or settlement agreement on civil compensation, the scope and amount of compensation shall not be restricted by the provisions of paragraphs 2 and 3. Since then, disability compensation and death compensation have been excluded from the scope of criminal incidental civil compensation again. The above is the scope and calculation standard of compensation for incidental civil action.

The Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the People's Republic of China (PRC) Contract Law (No.1999) stipulates the purpose of judicial interpretation of the People's Republic of China (PRC) Contract Law, the deepening understanding of the provisions and the scope of application:

I. Purpose: In order to correctly hear cases of contract disputes, according to the provisions of the Contract Law of People's Republic of China (PRC) (hereinafter referred to as the Contract Law), the relevant issues concerning the application of the Contract Law by the people's courts are explained as follows:

Second, the scope of application of the law

1. If a contract dispute established after the implementation of the Contract Law is brought to a people's court, the provisions of the Contract Law shall apply; If a contract dispute established before the implementation of the Contract Law is brought to a people's court, unless otherwise provided in this interpretation, the legal provisions at that time shall apply. If there were no legal provisions at that time, the relevant provisions of the contract law could be applied.

2. The contract was established before the implementation of the Contract Law, but the performance period stipulated in the contract spans the implementation date of the Contract Law or after the implementation of the Contract Law. In case of disputes arising from the performance of the contract, the relevant provisions of Chapter IV of the Contract Law shall apply.

1. What are the latest judicial interpretations of the crime of illegal mining?

Illegal mining is the main reason leading to disorder of mining industry, serious waste of mineral resources and massive loss of assets. In order to strengthen the protection and rational utilization of mineral resources, China's Supreme Law has formulated corresponding judicial interpretations for the crime of illegal mining. Article 1 of the Interpretation on Several Issues Concerning the Specific Application of Laws in the Trial of Criminal Cases of Illegal Mining and Destructive Mining stipulates that anyone who illegally mines in violation of the provisions of the Mineral Resources Law, is ordered to stop mining and refuses to stop mining, thus causing damage to mineral resources, shall be convicted and punished for the crime of illegal mining in accordance with the provisions of the first paragraph of Article 343 of the Criminal Law: 1, mining without a mining license; 2, unauthorized access to the national planning of mining areas, mining areas of great value to the national economy and other mining areas; 3, unauthorized exploitation of specific minerals prescribed by the state to implement protective mining.

Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on Standards for Public Security Organs to Jurisdicte Criminal Cases for Filing and Prosecution Article 68 [Illegal Mining Cases (Paragraph 1 of Article 343 of the Criminal Law)] Those who violate the provisions of the Mineral Resources Law, mine without a mining license, or enter the state-planned mining areas, arbitrarily mine mining areas that are important to the national economy and other people's mining areas, or arbitrarily mine specific minerals that are protected by the state regulations, and refuse to stop mining after being ordered to do so.

In any of the following circumstances, mining without obtaining the mining license specified in this article:

(a) 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) mining mineral resources without the minerals specified in the mining license (except primary and associated minerals);

(five) other circumstances of mining mineral resources without obtaining a mining license.

Mining without authorization during the period of withholding the mining license according to law shall be regarded as mining without obtaining the mining license as stipulated in this article.

The amount of value caused by the destruction of mineral resources shall be determined by the competent department of geology and mineral resources at or above the provincial level after verification.

Secondly, how many years' imprisonment is required for the recent crime of illegal mining?

Whoever, in violation of the provisions of the Mineral Resources Law, mines without a mining license, enters the mining areas planned by the state, mining areas of great value to the national economy and other mining areas without authorization, mines specific minerals that are subject to protective mining as stipulated by the state, and refuses to stop mining after being ordered to stop mining, thus causing damage to mineral resources, 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;

Whoever causes serious damage to mineral resources shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.

3. How long is the sentence for the latest crime of illegal mining?

According to the nature of the crime of illegal mining, the perpetrator is generally sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and concurrently or exclusively fined. However, if illegal mining causes serious damage to mineral resources, 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.

Article 343 of the Criminal Law

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.

In any of the following circumstances, mining without obtaining the mining license specified in this article:

(a) 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) mining mineral resources without the minerals specified in the mining license (except primary and associated minerals);

(five) other circumstances of mining mineral resources without obtaining a mining license.

Mining without authorization during the period of withholding the mining license according to law shall be regarded as mining without obtaining the mining license as stipulated in this article.

I hope the above content can help you. If in doubt, please consult a professional lawyer.

Legal basis:

Article 127 of the Supreme People's Court's Interpretation of Application.

The six months stipulated in the third paragraph of Article 56 and Article 205 of the Civil Procedure Law and Articles 374, 384, 401, 422 and 423 of this Interpretation are the same period as the one year stipulated in Article 223 of the Civil Procedure Law, and the suspension, interruption and extension of the statute of limitations are not applicable.

Article 2 19

If a party brings a lawsuit during the limitation period, the people's court shall accept it. After acceptance, the other party raised a defense of limitation of action, and if the defense was established after trial, the people's court ruled to reject the plaintiff's claim.