Standard for filing a case for stealing river sand

First, the standard of filing a case for stealing river sand

1. Stealing river sand is not based on the amount of river sand dug. The specific filing standards are as follows:

(1) sand mining within the scope of river management shall be handled in accordance with the relevant provisions of the river sand mining license; Without obtaining the river sand mining license, put on record for investigation;

(two) in accordance with the relevant provisions of the river sand mining license and mining license. Without obtaining the river sand mining license and mining license, it shall be investigated.

2. 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, 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 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.

Second, how to deal with administrative dissatisfaction with illegal exploitation of river sand?

If a party refuses to accept the illegal exploitation of river sand, there are the following ways to deal with it:

1. If a party refuses to accept the decision on administrative punishment, it may, within 15 days from the date of receiving the notice of punishment, apply for reconsideration to the organ at the next higher level of the organ that made the decision on punishment;

2. If a party refuses to accept the reconsideration decision, he may bring a lawsuit to the people's court within 15 days from the date of receiving the reconsideration decision;

3. The party concerned may also directly bring a suit in a people's court within 15 days from the date of receiving the penalty notice.