Record standard for private excavation and indiscriminate mining

Private excavation and indiscriminate mining filing standards are as follows:

1, mining specific minerals, 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 only be fined;

2. If the circumstances are 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 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.

What are the constitutive elements of the crime of illegal mining?

1 object element. The object of illegal mining crime is the state's management system of mineral resources and mining production and the state's ownership of mineral resources;

2. objective factors. The crime of illegal mining is objectively manifested as illegal exploitation and destruction of mineral resources in violation of the provisions of the mineral resources protection law;

3. Main elements. The subject of the crime of illegal mining is the general subject, but it is generally limited to those who are directly responsible, including the leaders and key personnel of illegal mining decision-making in state-owned, collective or township mining enterprises, as well as the instigators, organizers, commanders and individual miners who gather people to illegally mine;

4. Subjective factors. The crime of illegal mining is subjectively intentional. Its subjective purpose is to obtain mineral products for profit.

Legal basis: Article 343rd of the Criminal Law of People's Republic of China (PRC).

The crime of illegal mining violates the provisions of the mineral resources law, mining without a mining license, mining in the state-planned mining areas, mining areas of great value to the national economy and other people's mining areas, or mining specific minerals protected by the state. If the circumstances are serious, he 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; 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.

The crime of destructive mining violates the provisions of the Mineral Resources Law and uses destructive mining methods to mine mineral resources, causing serious damage to mineral resources, and shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and fined.