Chengzhong District Bureau of Land and Resources entrusted a qualified appraisal agency to measure and appraise the damage value of mineral resources caused by illegal mining of Niucheping Manganese Mine, and after rechecking by the Department of Land and Resources of Guangxi Zhuang Autonomous Region, the Appraisal Conclusion was made, and it was determined that the damage value of mineral resources caused by illegal mining of this plot was 252,5 yuan.
After the case was detected, the Chengzhong District Government organized a joint investigation team to hold a case analysis seminar. After discussion and research, it was decided that the Chengzhong Branch of Liuzhou Public Security Bureau would file a criminal case against Qin Qi and other six people suspected of illegal mining. According to the investigation results, according to Article 343rd of the Criminal Law and Articles 1 and 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, the actions of the illegal party Qin Qi and others have been suspected of illegal mining. According to Article 61 of People's Republic of China (PRC) Criminal Procedure Law, Liuzhou Public Security Bureau Chengzhong Branch detained the criminal suspect Qin Qi and others and transferred them to Liuzhou People's Procuratorate for prosecution. The procuratorate believes that the failure to go through the "stop payment" procedure does not constitute a crime, and six people, including Qin Qi, were detained for one month and released.
confiscation of mineral products and other machinery and equipment. The party concerned paid a fine of 16,2 yuan, and the proceeds from the auction of machinery and equipment of 19, yuan were turned over to the state treasury.
through analysis, this case is an unlicensed mining case.
In this case, after receiving the report from the masses, the Land and Resources Bureau of Lizhou District made careful arrangements, jointly enforced the law and acted quickly, effectively stopping and cracking down on unlicensed mining. However, the result was deeply regretted by law enforcement officers. Six people, including Qin Qi, mined without a license, resulting in the destruction of mineral resources worth 252,5 yuan, but they could not be investigated for criminal responsibility because of the lack of "stop" procedures.
a legally prescribed punishment for a crime is a basic principle of China's criminal law, that is, if the law expressly stipulates a criminal act, it shall be convicted and punished according to the law; If the law does not explicitly stipulate that it is a criminal act, it shall not be convicted and punished. Whether it constitutes a crime or not, it must have certain elements, which are clearly stipulated by law. Specific to the crime of illegal mining, Article 343 of the Criminal Law stipulates that "those who violate the provisions of the Mineral Resources Law and mine without obtaining a mining license, enter the state-planned mining areas, mining areas of great value to the national economy and other people's mining areas without authorization, and mine specific minerals that are subject to protective mining as stipulated by the state without authorization, and are ordered to stop mining and refuse to stop mining, resulting in the destruction of mineral resources, He 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: 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. " Among them, "refusing to stop mining after being ordered to stop mining" is one of the elements that constitute the crime of illegal mining. If the illegal party stops mining without being ordered to stop mining or after being ordered to stop mining, it does not constitute an "illegal mining crime" and cannot be investigated for criminal responsibility for it. Criminal responsibility cannot be investigated for "illegal mining crime". In this case, the procuratorate believes that it does not constitute a crime without the "shutdown" procedure, and it is legal to release Qin Qi and other six people after one month's detention.
this case gives us at least two inspirations: first, the social reasons for the formation of illegal mining cases are very complicated, and it is extremely difficult to investigate and deal with them, which is beyond the power of the administrative department of land and resources alone. Therefore, the State Council Guofa [25] No.28 document stipulates that local people's governments at all levels should focus on cracking down on illegal activities of unlicensed exploration and exploitation of mineral resources within their respective administrative areas, and stipulate the responsibilities of relevant departments, so as to raise the illegal activities of cracking down on unlicensed exploration and exploitation of mineral resources from departmental actions to government actions. The administrative departments of land and resources at all levels should make full use of this "Shangfang Sword", take the initiative to report to the government, and request the government organizations and other relevant departments to act in a unified manner and perform their duties, so as to maximize the effectiveness of cracking down on illegal activities. For example, Liuzhou Bureau of Land and Resources found that unlicensed mining could not be handled by itself, and immediately reported it to the municipal government. The municipal government immediately organized the departments of land and resources, public security, industry and commerce to form a joint investigation team, which effectively cracked down on and stopped the proliferation of unlicensed mining.
Second, if the relevant links are ignored, it will directly affect the crackdown. In this case, the handling of six people, including Qin Qi, failed to be investigated for criminal responsibility because the procuratorate believed that there should be a "stop" link. When investigating illegal acts of mineral resources, the administrative departments of land and resources at all levels must bear in mind that only those who are ordered to stop mining and refuse to stop mining can be investigated for criminal responsibility. This point is often easily overlooked by law enforcement officers. Some do not pay attention to preserving the evidence ordered to stop, while others are ordered to stop and are transferred to public security organs for criminal responsibility. In order to effectively crack down on unlicensed mining, public security organs, procuratorates and courts can be required to intervene in advance, and the government or the administrative departments of land and resources can post notices in hot mining areas and other places, clearly requiring the actors who have not obtained mining licenses to stop mining immediately, otherwise they will be investigated for legal responsibility, and then actions such as cleaning up and banning will be taken. In this process, we should pay attention to collecting evidence, such as taking photos and videos.
in addition, in January 28, Liang Guangsheng signed a lease contract with Qin Qi and others, and leased 2,45 square meters of collective land to Qin Qi and others, which is located on the north side of Zhannan quarry in Chengxiang District and northeast of 531 troops. Collecting a rent of 5, yuan for mining manganese ore violates the relevant provisions of the People's Republic of China and the State Land Management Law (hereinafter referred to as the Land Management Law), and the Chengzhong District Bureau of Land and Resources should also deal with this illegal act according to law.