The sentencing standard for the crime of stealing mineral resources is put on file.

Illegal exploitation of mineral resources is suspected of illegal mining, and its filing standard is:

1. mining without a mining license in violation of the mineral resources law is as follows:

1. Mining mineral resources without a mining license;

2. Continue to exploit mineral resources after the mining license is cancelled or revoked;

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

4. Failing to exploit mineral resources according to the minerals specified in the mining license (except for raw ore and associated ore);

5. Mining without authorization during the period of withholding the mining license according to law.

Two, unauthorized access to the national planning of mining areas, mining areas of great value to the national economy and other mining areas;

Three, unauthorized exploitation of specific minerals protected by the state, refused to stop mining after being ordered to stop mining, resulting in the destruction of mineral resources worth more than 50 thousand yuan but less than 100 thousand yuan.

The amount of value caused by the destruction of mineral resources shall be determined by the competent department of geology and mineral resources at or above the provincial level after verification.

The elements of theft are:

Object elements

The object of this crime is the ownership of public and private property. The object of infringement is the property of the state, the collective or the individual, generally referring to movable property. However, attachments on real estate that can be separated from real estate, such as crops in the field, trees on mountains, doors and windows on buildings, can also be the object of this crime. In addition, energy sources such as electricity and gas can also be the object of this crime.

The object of theft is the ownership of public and private property.

Ownership includes possession, use, income and disposal. Ownership here generally refers to legal ownership, but sometimes there are exceptions. "Whoever steals contraband shall be sentenced according to the amount of theft, regardless of the amount, according to the seriousness of the case. Stealing contraband or property illegally possessed by criminals also constitutes theft. "

objective factor

Objectively, this crime is manifested as the perpetrator stealing a large amount of public and private property or stealing public and private property for many times.

Theft means that the perpetrator transfers the property possessed by others to himself or a third person (including the unit) against the will of the victim.

(3) Main elements

The subject of this crime is the general subject, and anyone who has reached the age of criminal responsibility (16 years old) and has the ability of criminal responsibility can constitute this crime. The modification of the subject is an important part of the modification of this crime. According to the provisions of the original criminal law, minors who have reached the age of 65,438+04 but are under the age of 65,438+06 who commit habitual theft or major theft shall bear criminal responsibility. This law abolished this provision.

⑷ Subjective factors

Subjectively, this crime shows direct intention and has the purpose of illegal possession.

To sum up, anyone who mines without obtaining a mining license, or enters a mining area planned by the state, a mining area of great value to the national economy or other people's mining areas without authorization, or mines a specific mineral subject to protective mining as stipulated by the state, and refuses to stop mining after being ordered to stop mining, resulting in damage to mineral resources worth more than 50,000 yuan but less than 100,000 yuan, shall be placed on file for investigation and prosecution.

Legal basis:

criminal law

Article 343

Whoever, in violation of the provisions of the Mineral Resources Law, mines without a mining license, enters the state-planned mining areas, mining areas of great value to the national economy and other people's mining areas without authorization, or mines specific minerals that are 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 control, 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. 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.