5 thoughts on “Illegal sand picking gravel is judged for a few years”
Donald
1. Depending on the circumstances of the plot, it is sentenced to up to 7 years. 2. Article 343 of the Criminal Law [Crime of illegal mining; crime of destructive mining] violating the mineral resource law, no mining license mining mining, entering the national planning mining area without authorization, and. Emphasized mining areas and mining areas of others, or mining specific mining species stipulated in the state regulations without authorization. If the circumstances are serious, they will be sentenced to three years in prison, detention or control, and shall be punished or single; the circumstances are particularly serious. , Institute for imprisonment for more than three years and seven years, and fined fines. 3. In violation of the provisions of the mineral resource law, destructive mining methods mining and mineral resources are adopted, causing severe destruction of mineral resources, and punishment for less than five years of imprisonment or detention and fines. The expansion information: 1. The situation of punishment for theft is applicable. The above analysis has been analyzed that illegal digging of sand and gravel is determined by the crime and embarrassment of theft. The existence of existence is always denying the rationality of the crime of theft of illegal sand mining. 2. The case of conviction and punishment of illegal mining is based on cases investigated and dealt with by the Land and Resources Bureau and the case judged by the court. In addition to stolen, there are also land use rights in practice, contracting, contracting and other methods to obtain land use rights. Later, the nature of land use, illegal sand mining for profit without authorization. Due to the different nature of land use, the objects of illegal sand mining are different, this situation can no longer be argued by theft. 3. The person who punish the crime of illegal occupation of agricultural land is on the land with the right to use the right to use, but the number of illegal sand mining is not large, but it has changed the use of the occupied land. If a large number of agricultural land is destroyed, it is in line with the constituent elements of illegal occupation of agricultural land, and the crime of illegal occupation of agricultural land should be illegally occupied. It qualitatively illegally occupied the crime of agricultural land, which meets the legislative purpose of protecting the use of agricultural land, and makes it different from illegal sand mining on the land where others have the right to use in order to achieve the crime and punishment. The purpose of adaptation. 4. In the case of harm to the crime of public safety in other dangerous methods, illegal digging of sand and gravel may also endanger public safety. On the whole, the actor digs sand and gravel pairs in this case. Harmly holding public safety. If the perpetrator is under the scope of the construction land developed by himself, illegally sand mining (with clay or garbage) on public green space or public channels, and there are other residential houses near the sand mining location. It is harmful to the safety of nearby residents' housing and is still sand mining. If the housing and the housing of others collapse, other dangerous methods can harm the crime and punishment of public safety.
The Supreme Council's "Interpretation of Several Issues on Destroying Land Resources Criminal Cases of Criminal Cases" and "Explanation on Several Issues on Specific Application Laws on Trial of Illegal Mining and Destroyed Mining Criminal Cases" shall be illegal The specific situation of digging sand and gravel behavior is different.
(1) The punishment of theft is applicable
The difficulties and embarrassment of theft of illegal digging and gravel in the aforementioned analysis of illegal digging of sand and gravel We must not deny the rationality of the crime of theft for illegal sand mining because of these difficulties and embarrassment. We believe that in the following circumstances, the crime of theft can be convicted of illegal excavation of sand and gravel. On the leased agricultural land, stealing sand and gravel, the amount is large. Article 264 of the Criminal Law stipulates that the crime of theft refers to a large amount of acts that secretly steal the property of others. The establishment of theft must have the characteristics of two main aspects, that is, objective secrets and subjective illegal possession. Objectively, the perpetrator has a secret and private property or multiple stolen behaviors. Subjectively, the perpetrator must have the purpose of stealing the intention of the property and the crime of illegal possession of the property of others. "The purpose of the crime refers to the further pursuit of a certain illegal interest after the act of the actor's direct harm in the intentional crime." [3] Although the Criminal Code of my country does not clearly stipulates that illegal possession is the purpose of theft, it has specially stipulated this purpose in the judicial interpretation of the Supreme Court. From the results, the above behavior of the actor also gives the land to the benefit of the power person. Bring major economic losses. Therefore, the behavior of the actor is in line with the subjective characteristics of theft.
2. The actor stole sand and gravel on a country and collective land that do not enjoy the right to use, and the amount is large. This behavior has the following characteristics: (1) No authority. That is, the actor does not enjoy the right to use the digging sand and gravel. If the perpetrator enjoys the right to use land or other rights, it shall be determined by other crimes. (2) Behavioral secrets. The secret here means that the perpetrator has implemented secret stealing sand and gravel (including self -use, sales, etc.) without the permission of the relevant department. It should be noted that this secret is relative to the country and collective. It may be that the actor dug sand and gravel openly, and the people around them also knew about it, but no one reported it, and the relevant departments did not find that this situation was also in line with the secret of the theft. (3) Social harm. Specific cases of illegal stealing sand and gravel cases, social harm means that the stolen behavior of the perpetrator not only causes the destruction of agricultural or construction land of others, but also causes the property losses of the right to use, and achieves the criteria for conviction of theft.
3. The actor secretly stole the sand and gravel that others had dug, and the amount was large. Regardless of whether the sand and gravel dug by others is illegal or legally excavated, the behavior of the actor should be determined by theft. The reason is that the gravel dug by others has attached the value of the labor and processing of others, and has become a commodity. Therefore, whether such sand and gravel belongs to the private person, it belongs to the country. The above is an act of violating the property rights of others.
(2) The case of conviction and punishment of illegal mining
If according to the case investigated by the Land and Resources Department and the Public Security Bureau and the case judged by the court, in addition to the stolen mining, practice After obtaining land use rights such as rent and contracting, it has changed the nature of land use and illegal sand mining for profit without authorization. Due to the different nature of land use, the objects of illegal sand mining are different, this situation can no longer be argued by theft. This kind of behavior is concentrated as: on the land that enjoys the right to use the right to use the construction of sand mining sales, the actor has reached the prosecution standard for illegal mining crimes, and it should be treated with illegal mining crimes. According to my country's laws, the use of land must be in line with land use, and special administrative licenses are required to minimize sand and gravel. The actor changes the use of construction land without authorization on the land with the right to use the land. If there is no license, the circumstances are serious. In addition, if illegal sand mining actors deliberately avoid the law and control the excavation area for depth, it is difficult to punish the crime of illegal occupation of agricultural land at this time, and it can only be punished for illegal mining crimes.
(3) The situation of illegal occupation of agricultural land crime and punishment
The actor is on the land that uses the right to use the right. If the use of land is used, the number of land is large, causing a large number of agricultural land such as cultivated land and forest land, and the constituent elements that meet the crime of illegal occupation of agricultural land should illegally occupy the crime of agricultural land. It qualitatively illegally occupied the crime of agricultural land, which meets the legislative purpose of protecting the use of agricultural land, and makes it different from illegal sand mining on the land where others have the right to use in order to achieve the crime and punishment. The purpose of adaptation.
(4) Situations that endanger the crime of public safety with other dangerous methods
In individual cases, illegal digging of sand and gravel may also endanger public safety. From the overall It is said that under the circumstances of the actor, the digging of sand and gravel is attitude to the harm to the public safety. If the perpetrator is under the scope of the construction land developed by himself, illegally sand mining (with clay or garbage) on public green space or public channels, and there are other residential houses near the sand mining location. It is harmful to the safety of nearby residents' housing and is still sand mining. If the housing and the housing of others collapse, other dangerous methods can harm the crime and punishment of public safety.
What are the highest crimes of illegal sand mining?
60.216.208.* Landlord 1 floor 2008-5-3 The n crimes of illegal sand mining can be at the highest level. The exposed rocks through the common effect of natural forces such as sunlight, wind and rain, frost, etc., weathering into smaller particles, carried under the ground runoff, and entered the river. With the changes in flow velocity, gravel, coarse sand, sand, and fine sand are deposited in the river channel, respectively, and become an important component of the riverbed. Since the 1990s, my country's architectural market is extremely active, and the demand for sand and gravel resources has become increasingly larger. Sand mining has gradually become a "shortcut" for the masses to get rich. Some illegal sand mining molecules are seriously mining, and even illegal sand mining in the engineering safety protection area will cause serious consequences such as embankment collapse and damage to the bridge. Now use punishment to crack down on illegal mining behaviors. 1 At present, river sand management systems are part of the river bed; it is also an important mineral resources in the country. It has the dual attributes of the constituent factors of the river bed and the national mineral resources, which determines the crossability of management regulations and management systems. In 1988, the State Council issued the River Management Regulations. The "River Management Regulations" gives the water administrative authority of the water recovery management function of the water administrative authority. In 2002, my country promulgated the "Water Law" stipulated that the "state implementation system implemented" and authorized the State Council to formulate the implementation of the sand mining license system for river channels. At present, the State Council's "Implementation Measures for the Sandquisation Systems of the River" has not been introduced. What is mineral resources? "Mineral resources refer to natural resources formed by geological effects, with value, liquid, and gaseous." Does river sand belong to mineral resources? According to the "Detailed Rules of the Effects of the Mineral Resources Law", the "Classification of Mineral Resources", river sand belongs to the construction sand or cement ingredients in non -metal minerals. According to the above regulations, the owners of the river in the river shall handle the two certificates of the "Sandquidation License of the River" and the "Mining License", and pay the two fees of sand mining management fees and the compensation fee for mineral resource compensation. 2 The limitations of administrative law enforcement to crack down on the illegal sand mining of the river in recent years. In recent years, the water administrative authority and the competent geological and mineral authority have strengthened the crackdown on illegal sand mining of the river and achieved obvious results. However, administrative law enforcement has obvious limitations, that is, the crackdown on illegal sand mining of the river is obviously insufficient. In addition to the management of the Yangtze River sand mining management, punishment for general violations of river sand mining management regulations can only be given three administrative penalties such as warnings, fines, and confiscation of illegal income in accordance with the River Management Regulations. 3 The necessity of using the Criminal Law to combat the illegal sand mining of the river has said in the "Capital" that capital "... with 50 % of profits, it will take risks; for the profit of 100 %, It dares to trample on all human laws. " Driven by interest, some illegal sand mining molecules dare to test the law with the body, and wanton sand mining in engineering safety protection areas such as embankment, guidance (beach), bridge, etc., causing serious consequences such as the collapse of the embankment, the defeat, and the damage to the bridge foundation. It destroyed the country's precious mineral natural resources and endangered the public safety of the society. It has obvious social harm, criminal illegality and punishment. In the process of administrative management, the competent water administrative authority or the competent geological and mineral authority, in accordance with the illegal sand mining behavior of a river suspected of constituting a crime, shall be in accordance with the State Council's "Provisions on the Examination of Criminal Cases" (hereinafter referred to as the "Regulations"), in a timely manner Transfer to judicial organs for treatment, investigate the criminal responsibility of illegal sand mining molecules in the river, and maintain the safety of rivers in accordance with the law. 4 The use of the Criminal Law to crack down on the illegal sand mining of the river. Article 7, paragraph 2, paragraph 2 of the "Administrative Penalty Law" stipulates that "illegal acts constitute a crime, shall be investigated for criminal responsibility in accordance with the law, and shall not replace criminal punishment with administrative punishment." According to the provisions of the Criminal Law, the criminal responsibility of illegal sand mining molecules shall be carried out through two ways. 4.1 The crime of illegal mining is used to crack down on the illegal sand mining of the river as a non -metal mineral, which has natural resource attributes. Section 6 of the Criminal Law specifically stipulates the crime of "destroying environmental resources", of which 343 stipulates the "crime of illegal mining", which refers to the provisions of violating the mineral resource law. The mining area, the mining area that is important to the national economy, and the mining area of other people's mining areas, unauthorized mining of the state regulations to implement a protected mining specific mineral species. In order to facilitate the trial of such cases at all levels, on May 16, 2003, the Supreme People's Court promulgated the "Explanation of Several Issues on Specific Application Laws on Trial of Illegal Mining and Destroyed Mining Criminal Cases" (hereinafter referred to as the "Explanation"). Article 343 of the Criminal Law explained and implemented from June 3, 2003. 4.1.1 Essential elements of illegal sand mining constitute illegal mining
Illegal sand collection stones are sentenced according to illegal mining. If the circumstances are severe, they will be sentenced to imprisonment, detention or control of three years, and shall be punished or single. The circumstances are particularly serious. Essence "The Criminal Law of the People's Republic of China" 343 illegal mining crimes violations of the mineral resource law, no mining license mining mining, entering national planning mining areas without authorization. The national economy has important value mining areas and the scope of mining in the mining area of others, or unauthorized mining of the state regulations to implement a protected mining specific mineral species. If the circumstances are serious, they will be sentenced to imprisonment, detention or control of less than three years. It is particularly serious, imprisonment for three years and seven years, and fined fines. [Destructive mining crime] In violation of the provisions of the mineral resources law, destructive mining methods mining and mineral resources are adopted, which causes severe destruction of mineral resources, and will be sentenced to less than five years in prison or detention and fined. The punishment regulations on the crime of underwriting environmental resources in Article 346 The crimes stipulated in Article 338 to 345 of the unit in the unit The penalty and the person in charge and other direct responsible persons who are directly responsible will be punished in accordance with the provisions of the sections in this section.
1. Depending on the circumstances of the plot, it is sentenced to up to 7 years.
2. Article 343 of the Criminal Law [Crime of illegal mining; crime of destructive mining] violating the mineral resource law, no mining license mining mining, entering the national planning mining area without authorization, and. Emphasized mining areas and mining areas of others, or mining specific mining species stipulated in the state regulations without authorization. If the circumstances are serious, they will be sentenced to three years in prison, detention or control, and shall be punished or single; the circumstances are particularly serious. , Institute for imprisonment for more than three years and seven years, and fined fines.
3. In violation of the provisions of the mineral resource law, destructive mining methods mining and mineral resources are adopted, causing severe destruction of mineral resources, and punishment for less than five years of imprisonment or detention and fines.
The expansion information:
1. The situation of punishment for theft is applicable. The above analysis has been analyzed that illegal digging of sand and gravel is determined by the crime and embarrassment of theft. The existence of existence is always denying the rationality of the crime of theft of illegal sand mining.
2. The case of conviction and punishment of illegal mining is based on cases investigated and dealt with by the Land and Resources Bureau and the case judged by the court. In addition to stolen, there are also land use rights in practice, contracting, contracting and other methods to obtain land use rights. Later, the nature of land use, illegal sand mining for profit without authorization. Due to the different nature of land use, the objects of illegal sand mining are different, this situation can no longer be argued by theft.
3. The person who punish the crime of illegal occupation of agricultural land is on the land with the right to use the right to use, but the number of illegal sand mining is not large, but it has changed the use of the occupied land. If a large number of agricultural land is destroyed, it is in line with the constituent elements of illegal occupation of agricultural land, and the crime of illegal occupation of agricultural land should be illegally occupied. It qualitatively illegally occupied the crime of agricultural land, which meets the legislative purpose of protecting the use of agricultural land, and makes it different from illegal sand mining on the land where others have the right to use in order to achieve the crime and punishment. The purpose of adaptation.
4. In the case of harm to the crime of public safety in other dangerous methods, illegal digging of sand and gravel may also endanger public safety. On the whole, the actor digs sand and gravel pairs in this case. Harmly holding public safety. If the perpetrator is under the scope of the construction land developed by himself, illegally sand mining (with clay or garbage) on public green space or public channels, and there are other residential houses near the sand mining location. It is harmful to the safety of nearby residents' housing and is still sand mining. If the housing and the housing of others collapse, other dangerous methods can harm the crime and punishment of public safety.
The Supreme Council's "Interpretation of Several Issues on Destroying Land Resources Criminal Cases of Criminal Cases" and "Explanation on Several Issues on Specific Application Laws on Trial of Illegal Mining and Destroyed Mining Criminal Cases" shall be illegal The specific situation of digging sand and gravel behavior is different.
(1) The punishment of theft is applicable
The difficulties and embarrassment of theft of illegal digging and gravel in the aforementioned analysis of illegal digging of sand and gravel We must not deny the rationality of the crime of theft for illegal sand mining because of these difficulties and embarrassment. We believe that in the following circumstances, the crime of theft can be convicted of illegal excavation of sand and gravel. On the leased agricultural land, stealing sand and gravel, the amount is large. Article 264 of the Criminal Law stipulates that the crime of theft refers to a large amount of acts that secretly steal the property of others. The establishment of theft must have the characteristics of two main aspects, that is, objective secrets and subjective illegal possession. Objectively, the perpetrator has a secret and private property or multiple stolen behaviors. Subjectively, the perpetrator must have the purpose of stealing the intention of the property and the crime of illegal possession of the property of others. "The purpose of the crime refers to the further pursuit of a certain illegal interest after the act of the actor's direct harm in the intentional crime." [3] Although the Criminal Code of my country does not clearly stipulates that illegal possession is the purpose of theft, it has specially stipulated this purpose in the judicial interpretation of the Supreme Court. From the results, the above behavior of the actor also gives the land to the benefit of the power person. Bring major economic losses. Therefore, the behavior of the actor is in line with the subjective characteristics of theft.
2. The actor stole sand and gravel on a country and collective land that do not enjoy the right to use, and the amount is large. This behavior has the following characteristics: (1) No authority. That is, the actor does not enjoy the right to use the digging sand and gravel. If the perpetrator enjoys the right to use land or other rights, it shall be determined by other crimes. (2) Behavioral secrets. The secret here means that the perpetrator has implemented secret stealing sand and gravel (including self -use, sales, etc.) without the permission of the relevant department. It should be noted that this secret is relative to the country and collective. It may be that the actor dug sand and gravel openly, and the people around them also knew about it, but no one reported it, and the relevant departments did not find that this situation was also in line with the secret of the theft. (3) Social harm. Specific cases of illegal stealing sand and gravel cases, social harm means that the stolen behavior of the perpetrator not only causes the destruction of agricultural or construction land of others, but also causes the property losses of the right to use, and achieves the criteria for conviction of theft.
3. The actor secretly stole the sand and gravel that others had dug, and the amount was large. Regardless of whether the sand and gravel dug by others is illegal or legally excavated, the behavior of the actor should be determined by theft. The reason is that the gravel dug by others has attached the value of the labor and processing of others, and has become a commodity. Therefore, whether such sand and gravel belongs to the private person, it belongs to the country. The above is an act of violating the property rights of others.
(2) The case of conviction and punishment of illegal mining
If according to the case investigated by the Land and Resources Department and the Public Security Bureau and the case judged by the court, in addition to the stolen mining, practice After obtaining land use rights such as rent and contracting, it has changed the nature of land use and illegal sand mining for profit without authorization. Due to the different nature of land use, the objects of illegal sand mining are different, this situation can no longer be argued by theft. This kind of behavior is concentrated as: on the land that enjoys the right to use the right to use the construction of sand mining sales, the actor has reached the prosecution standard for illegal mining crimes, and it should be treated with illegal mining crimes. According to my country's laws, the use of land must be in line with land use, and special administrative licenses are required to minimize sand and gravel. The actor changes the use of construction land without authorization on the land with the right to use the land. If there is no license, the circumstances are serious. In addition, if illegal sand mining actors deliberately avoid the law and control the excavation area for depth, it is difficult to punish the crime of illegal occupation of agricultural land at this time, and it can only be punished for illegal mining crimes.
(3) The situation of illegal occupation of agricultural land crime and punishment
The actor is on the land that uses the right to use the right. If the use of land is used, the number of land is large, causing a large number of agricultural land such as cultivated land and forest land, and the constituent elements that meet the crime of illegal occupation of agricultural land should illegally occupy the crime of agricultural land. It qualitatively illegally occupied the crime of agricultural land, which meets the legislative purpose of protecting the use of agricultural land, and makes it different from illegal sand mining on the land where others have the right to use in order to achieve the crime and punishment. The purpose of adaptation.
(4) Situations that endanger the crime of public safety with other dangerous methods
In individual cases, illegal digging of sand and gravel may also endanger public safety. From the overall It is said that under the circumstances of the actor, the digging of sand and gravel is attitude to the harm to the public safety. If the perpetrator is under the scope of the construction land developed by himself, illegally sand mining (with clay or garbage) on public green space or public channels, and there are other residential houses near the sand mining location. It is harmful to the safety of nearby residents' housing and is still sand mining. If the housing and the housing of others collapse, other dangerous methods can harm the crime and punishment of public safety.
What are the highest crimes of illegal sand mining?
60.216.208.* Landlord
1 floor 2008-5-3
The n crimes of illegal sand mining can be at the highest level. The exposed rocks through the common effect of natural forces such as sunlight, wind and rain, frost, etc., weathering into smaller particles, carried under the ground runoff, and entered the river. With the changes in flow velocity, gravel, coarse sand, sand, and fine sand are deposited in the river channel, respectively, and become an important component of the riverbed. Since the 1990s, my country's architectural market is extremely active, and the demand for sand and gravel resources has become increasingly larger. Sand mining has gradually become a "shortcut" for the masses to get rich. Some illegal sand mining molecules are seriously mining, and even illegal sand mining in the engineering safety protection area will cause serious consequences such as embankment collapse and damage to the bridge. Now use punishment to crack down on illegal mining behaviors. 1 At present, river sand management systems are part of the river bed; it is also an important mineral resources in the country. It has the dual attributes of the constituent factors of the river bed and the national mineral resources, which determines the crossability of management regulations and management systems. In 1988, the State Council issued the River Management Regulations. The "River Management Regulations" gives the water administrative authority of the water recovery management function of the water administrative authority. In 2002, my country promulgated the "Water Law" stipulated that the "state implementation system implemented" and authorized the State Council to formulate the implementation of the sand mining license system for river channels. At present, the State Council's "Implementation Measures for the Sandquisation Systems of the River" has not been introduced. What is mineral resources? "Mineral resources refer to natural resources formed by geological effects, with value, liquid, and gaseous." Does river sand belong to mineral resources? According to the "Detailed Rules of the Effects of the Mineral Resources Law", the "Classification of Mineral Resources", river sand belongs to the construction sand or cement ingredients in non -metal minerals. According to the above regulations, the owners of the river in the river shall handle the two certificates of the "Sandquidation License of the River" and the "Mining License", and pay the two fees of sand mining management fees and the compensation fee for mineral resource compensation. 2 The limitations of administrative law enforcement to crack down on the illegal sand mining of the river in recent years. In recent years, the water administrative authority and the competent geological and mineral authority have strengthened the crackdown on illegal sand mining of the river and achieved obvious results. However, administrative law enforcement has obvious limitations, that is, the crackdown on illegal sand mining of the river is obviously insufficient. In addition to the management of the Yangtze River sand mining management, punishment for general violations of river sand mining management regulations can only be given three administrative penalties such as warnings, fines, and confiscation of illegal income in accordance with the River Management Regulations. 3 The necessity of using the Criminal Law to combat the illegal sand mining of the river has said in the "Capital" that capital "... with 50 % of profits, it will take risks; for the profit of 100 %, It dares to trample on all human laws. " Driven by interest, some illegal sand mining molecules dare to test the law with the body, and wanton sand mining in engineering safety protection areas such as embankment, guidance (beach), bridge, etc., causing serious consequences such as the collapse of the embankment, the defeat, and the damage to the bridge foundation. It destroyed the country's precious mineral natural resources and endangered the public safety of the society. It has obvious social harm, criminal illegality and punishment. In the process of administrative management, the competent water administrative authority or the competent geological and mineral authority, in accordance with the illegal sand mining behavior of a river suspected of constituting a crime, shall be in accordance with the State Council's "Provisions on the Examination of Criminal Cases" (hereinafter referred to as the "Regulations"), in a timely manner Transfer to judicial organs for treatment, investigate the criminal responsibility of illegal sand mining molecules in the river, and maintain the safety of rivers in accordance with the law. 4 The use of the Criminal Law to crack down on the illegal sand mining of the river. Article 7, paragraph 2, paragraph 2 of the "Administrative Penalty Law" stipulates that "illegal acts constitute a crime, shall be investigated for criminal responsibility in accordance with the law, and shall not replace criminal punishment with administrative punishment." According to the provisions of the Criminal Law, the criminal responsibility of illegal sand mining molecules shall be carried out through two ways. 4.1 The crime of illegal mining is used to crack down on the illegal sand mining of the river as a non -metal mineral, which has natural resource attributes. Section 6 of the Criminal Law specifically stipulates the crime of "destroying environmental resources", of which 343 stipulates the "crime of illegal mining", which refers to the provisions of violating the mineral resource law. The mining area, the mining area that is important to the national economy, and the mining area of other people's mining areas, unauthorized mining of the state regulations to implement a protected mining specific mineral species. In order to facilitate the trial of such cases at all levels, on May 16, 2003, the Supreme People's Court promulgated the "Explanation of Several Issues on Specific Application Laws on Trial of Illegal Mining and Destroyed Mining Criminal Cases" (hereinafter referred to as the "Explanation"). Article 343 of the Criminal Law explained and implemented from June 3, 2003. 4.1.1 Essential elements of illegal sand mining constitute illegal mining
Illegal sand collection stones are sentenced according to illegal mining. If the circumstances are severe, they will be sentenced to imprisonment, detention or control of three years, and shall be punished or single. The circumstances are particularly serious. Essence
"The Criminal Law of the People's Republic of China"
343 illegal mining crimes
violations of the mineral resource law, no mining license mining mining, entering national planning mining areas without authorization. The national economy has important value mining areas and the scope of mining in the mining area of others, or unauthorized mining of the state regulations to implement a protected mining specific mineral species. If the circumstances are serious, they will be sentenced to imprisonment, detention or control of less than three years. It is particularly serious, imprisonment for three years and seven years, and fined fines. [Destructive mining crime] In violation of the provisions of the mineral resources law, destructive mining methods mining and mineral resources are adopted, which causes severe destruction of mineral resources, and will be sentenced to less than five years in prison or detention and fined.
The punishment regulations on the crime of underwriting environmental resources in Article 346
The crimes stipulated in Article 338 to 345 of the unit in the unit The penalty and the person in charge and other direct responsible persons who are directly responsible will be punished in accordance with the provisions of the sections in this section.
Illegal mining in Japan for up to a few years