How to punish illegal mining?

The legal basis for handling the crime of illegal mining is as follows:

According to Article 343rd of the Criminal Law, the crime of illegal mining; The crime of destructive mining violates the provisions of the mineral resources law, mines without a mining license, and enters the state-planned mining areas, mining areas of great value to the national economy and mining areas of others without authorization.

Or unauthorized exploitation of specific minerals protected 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 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.

Extended data:

1, and the boundary of destructive mining crime

Distinguish the boundary between this crime and destructive mining crime;

The difference between the two crimes is mainly manifested in the objective characteristics. The crime of illegal mining refers to illegal mining without a license in violation of the provisions of the mineral resources law, or mining in the mining areas planned by the state, mining areas of great value to the national economy and mining areas of others, or mining specific minerals protected by the state.

The act of refusing to stop mining after being ordered to stop mining, and the crime of destructive mining is the act of exploiting mineral resources by destructive mining methods in violation of the provisions of the mineral resources law on the premise of holding a mining license.

2. The boundary between the crime of major liability accident and the crime of safety accident.

The boundary between the crime of illegal mining and the crime of major accidents and major labor safety accidents;

Illegal mining is because mining units or individuals do not meet the mining conditions stipulated by the state and exploit mineral resources without a license. Usually, they lack certain technical equipment and scientific management. Therefore, the illegal mining process is often accompanied by major accidents and major safety accidents.

Baidu Encyclopedia-Illegal Mining Crime