Criteria for filing the crime of private excavation and indiscriminate mining

The filing standards for the crime of private excavation and indiscriminate mining are as follows:

1. Mining without a mining license, entering a mining area planned by the state, a mining area of great value to the national economy and other people's mining areas without authorization, or mining 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;

2. 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.

Mineral resources are owned by the state, and the State Council exercises state ownership of mineral resources. The state ownership of surface or underground mineral resources does not change because of the different ownership or use right of the land to which it is attached. The state guarantees the rational development and utilization of mineral resources. It is forbidden for any organization or individual to occupy or destroy mineral resources by any means. People's governments at all levels must strengthen the protection of mineral resources. Exploration and exploitation of mineral resources must be separately applied for, approved and registered according to law; However, mining enterprises applying for mining rights according to law are excluded from the exploration for their own production within the designated mining area.

The state protects the exploration and mining rights from infringement, and ensures that the production order and work order in mining areas and exploration areas are not affected or destroyed. Engaged in the exploration and exploitation of mineral resources, must meet the prescribed qualifications.

legal ground

Criminal law of the people's Republic of China

Article 343 The crime of illegal mining violates the provisions of the Mineral Resources Law and mines without a mining license, mines in mining areas planned by the state, mining areas of great value to the national economy and other people's mining areas, or mines 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 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.

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.