Standard for filing illegal sand mining

The filing standard for illegal sand mining is:

1, illegally exploiting the value of products or destroying the value of resources100000 yuan to 300000 yuan;

2. Mining specific minerals that are subject to protective mining as stipulated by the state in the planned mining areas of the state and mining areas of great value to the national economy, or mining in the forbidden mining areas or during the forbidden mining period, and the value of the products mined or the resources destroyed is between 50,000 yuan and 150,000 yuan;

3. Being subject to administrative punishment for illegal mining twice or more within two years, and engaging in illegal mining activities;

4, illegal sand mining behavior caused serious damage to the ecological environment;

5. Other serious situations such as sand mining seriously threaten the safety of water conservancy and flood control facilities such as dikes, and seriously endanger the lives of people on both sides of the strait.

The value of mineral products should be determined according to the quantity of stolen goods; If there is no amount of stolen goods, the amount of stolen goods is difficult to verify or it is obviously unreasonable according to the amount of stolen goods, it shall be determined according to the price and quantity of mineral products.

In any of the following circumstances, it can be identified as illegal sand mining:

1, mining mineral resources without mining license;

2, the mining license is cancelled, revoked to continue mining mineral resources;

3. Mining mineral resources beyond the mining area specified in the mining license;

4. Mining mineral resources without minerals specified in the mining license (except raw ore and associated ore);

5. Other circumstances of mining mineral resources without obtaining a mining license.

How long does it take to steal river sand?

1. Illegal sand mining departments shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined;

2. If the perpetrator's criminal act is particularly 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.

3. 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.

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Legal basis: Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Illegal Mining and Destructive Mining.

Article 3 Illegal mining activities under any of the following circumstances shall be deemed as "serious circumstances" as stipulated in the first paragraph of Article 343rd of the Criminal Law:

(a) the value of mining mineral products or destroying mineral resources is between100000 yuan and 300000 yuan;

(2) Mining specific minerals that are subject to protective mining as stipulated by the state in the planned mining areas of the state and mining areas of great value to the national economy, or mining in the forbidden mining areas or during the forbidden mining period, and the value of mining mineral products or causing damage to mineral resources is not less than 50,000 yuan but not more than 150,000 yuan;

(3) Having been subjected to more than two administrative punishments for illegal mining within two years, and having engaged in illegal mining;

4. Causing serious damage to the ecological environment;

(5) Other serious circumstances.

The implementation of illegal mining, in any of the following circumstances, shall be deemed as "the circumstances are particularly serious" as stipulated in the first paragraph of Article 343rd of the Criminal Law:

(1) Having reached the standards specified in Items 1 and 2 of the preceding paragraph by more than five times;

(2) Causing particularly serious damage to the ecological environment;

(3) Other particularly serious circumstances.