The crime of illegal mining by digging wells without permission

Legal subjectivity:

Article 343 of the Criminal Law of the People's Republic of China: the crime of illegal mining; the crime of destructive mining violates the provisions of the Mineral Resources Law and is not Anyone who obtains a mining license and engages in mining without authorization, enters a state-planned mining area, a mining area that is of great value to the national economy, or mines within the scope of other people's mining areas without authorization, or exploits without authorization specific types of minerals that are subject to protective mining stipulated by the state, if the circumstances are serious, shall be sentenced to a fixed term of not more than three years. Imprisonment, criminal detention or public surveillance, and concurrently or solely a fine; if the circumstances are particularly serious, the offender shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined. Anyone who violates the provisions of the Mineral Resources Law and uses destructive mining methods to mine mineral resources, 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. Legal objectivity:

Object elements The object of infringement of this crime is the state's management system of mineral resources and mining production, as well as the state's ownership of mineral resources. According to the provisions of my country's Constitution and Mineral Resources Management Law, mineral resources belong to the state. The state guarantees the rational development and utilization of mineral resources and prohibits any organization or individual from destroying mineral resources by any means. However, the state may, without changing the nature of ownership of mineral resources and in accordance with the principle of proper separation of ownership and mining rights, grant the mining rights of mineral resources to specific organizations or individuals in accordance with the law, and has the right to impose penalties on any organization or individual. Mining activities are subject to supervision and management. Therefore, the so-called national management system for mineral resources mainly refers to the general term for a series of administrative management systems formulated by the state for mining units or individuals in accordance with the law. The state implements strict management of the development of mineral resources and prohibits unlicensed mining and mining beyond approved mining areas. Illegal mining has become so serious in recent years that it must be criminalized and cracked down severely. The object of this crime is mineral resources, which refers to the general term for various minerals formed during geological movements, contained in the earth's crust, and used for people's production and life. These include various solid, liquid or gaseous metals, non-metallic minerals, fuel minerals and underground thermal energy. Objective elements: This crime objectively manifests itself as violations of the provisions of the Mineral Resources Protection Law, illegal mining, and acts of destruction of mineral resources. Illegal mining, that is, mining without a license, refers to mining without obtaining a mining license, mining in national planned mining areas, mining areas of important value to the national economy, and other people's mining areas, and mining without authorization in specific minerals that are subject to protective mining stipulated by the state. species, or who, despite having a mining license, fails to comply with the mining scope and other requirements on the mining license, or refuses to stop mining after being ordered to do so, causing damage to mineral resources. According to the provisions of this article, illegal mining includes four situations: (1) Mining without a license Mining without a license is mining without obtaining a mining license through legal procedures. According to the provisions of the Mineral Resources Protection Law, both state-owned mining enterprises, township collective mining enterprises and individual mining must be reviewed, approved and issued with mining licenses. According to Article 16 of the Mineral Resources Law: “The mining of the following mineral resources shall be subject to the approval of the geological and mineral administrative department of the State Council and the issuance of a mining license: (1) Mining areas planned by the state and mining areas of important value to the national economy Mineral resources; (2) Mineral resources with large or larger mineral reserves that can be exploited outside the mining areas specified in the preceding paragraph; (3) Specific mineral species stipulated by the state for protective mining; (4) Minerals in territorial waters and other sea areas under the jurisdiction of China Resources; (5) Other mineral resources specified by the State Council. The mining of specific minerals such as oil, natural gas, and radioactive minerals may be approved by the relevant competent authorities authorized by the State Council and mining licenses other than those specified in paragraphs 1 and 2 may be issued. Mineral resources, the mineral reserves available for mining are planned to be medium-sized, and the geological and mineral administrative departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall examine and approve and issue mining licenses. , formulated by the Standing Committee of the People's Congress of the province, autonomous region, or municipality directly under the Central Government in accordance with the law.

Where mining licenses are approved and issued in accordance with the provisions of paragraphs 3 and 4, the geological and mineral administrative departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall collect and file them with the geological and mineral administrative departments of the State Council. The classification standards for large and medium-sized mineral reserves shall be stipulated by the mineral reserves approval authority of the State Council. At the same time, the "Mineral Resources Law" stipulates that the state encourages collective mining enterprises to mine mineral resources within the scope designated by the state, and allows individuals to mine sporadic scattered resources and sand, stone, clay that can only be used as ordinary building materials, as well as small amounts for personal use. mineral. The procedures for review and approval of the establishment of township collective mining enterprises, the issuance of mining licenses, and the management measures for individual mining shall be formulated by provincial-level authorities. Anyone who fails to obtain a mining license through the above legal procedures will be deemed to be mining without a license. (2) The act of mining in unapproved mining areas without authorization. The act of mining in state-owned planned areas, mining areas of important value to the national economy, and other people’s mining areas without authorization. According to the law, the state controls state-owned planned areas and mining areas of important value to the national economy. , implement planned mining. Without the approval of the relevant competent departments of the State Council, no unit or individual is allowed to mine; no unit or individual is allowed to enter mines or enterprise mining areas where others have obtained mining rights. For example, Article 20 of the Mineral Resources Law stipulates: “Without the consent of the relevant competent departments authorized by the State Council, mineral resources shall not be exploited in the following areas: (1) Within the areas designated for ports, airports, and national defense engineering facilities; (2) Important Within a certain distance from industrial zones, large-scale water conservancy project facilities, and urban municipal engineering facilities; (3) Within a certain distance from both sides of railways and important highways; (4) Within a certain distance from both sides of important rivers and dams; (5) Nationally delineated areas Nature reserves, important scenic spots, and the locations of immovable historical relics and scenic spots under national key protection; (6) Other areas where mining of mineral resources is prohibited by national regulations. "Any mining without authorization in violation of the above regulations is illegal mining. The so-called "national planning area" refers to the long-term or medium-term development of national mineral resources determined to be included in the long-term or medium-term development of national mineral resources within a certain period of time based on the long-term needs of national economic construction and resource distribution, after review and approval by the State Council or the relevant competent department of the State Council in accordance with legal procedures. Planned mining areas and mining areas as backup resource bases for old mining areas. The so-called "mining areas with important value to the national economy" refers to mining areas that have great economic value or high economic benefits in terms of the national economy and have an important impact on the overall and strategic nature of the national economic construction. The so-called "mining area scope" ", refers to the scope of the boundaries around the mine determined by the mine (open-pit stope) design department and approved in accordance with legal procedures. (3) Unauthorized mining of protected minerals. Unauthorized mining of specific mineral species that are subject to protective mining according to national regulations. After being ordered to stop mining The act of refusing to stop mining afterward. According to the law, the state implements planned mining of specific minerals that are subject to protective mining. No unit or individual is allowed to mine the so-called "specific minerals that are subject to protective mining" without the approval of the relevant departments of the State Council. " refers to minerals that have special important value for national economic construction and high-tech development, are severely scarce in resources, have valuable mineral products or have obvious advantages in the international market, etc., and are determined by the state in accordance with legal procedures within a certain period of time, such as 1988 The "Notice of the State Council on the Implementation of Protective Mining of Gold Minerals" pointed out that the State Council decided to list gold minerals as specific minerals for protective mining and implement planned mining. Without the approval of the State Gold Administration, any unit and Individuals are not allowed to mine. In addition to gold, my country also lists tungsten, tin, antimony, ionic rare earth minerals and other minerals as specific minerals for protective mining. (4) The behavior of "cross-border mining" is so-called "cross-border mining." , refers to the behavior of any unit or individual who, despite holding a mining license, violates the mining location, scope and other requirements stipulated in the mining license, enters other people's mining areas without authorization, and conducts illegal mining. You are not allowed to enter the mining areas of state-owned mining enterprises and other mining enterprises established by others in accordance with the law.

Anyone who mines beyond the scope of the approved mining area shall be ordered to return to the scope of the mining area and compensate for losses, and the mineral products and illegal gains mined across the boundary shall be confiscated, and a fine may also be imposed; if he refuses to return to the scope of the mining area for mining, causing serious damage to mineral resources, The mining license shall be revoked and the persons directly responsible shall be held criminally responsible in accordance with the provisions of Article 156 of the Criminal Law (1979). For illegal mining to constitute a crime, in addition to committing the above-mentioned illegal mining acts, one must also refuse to stop mining after being ordered to stop mining, causing damage to mineral resources. The so-called "refuse to stop mining after being ordered to stop mining" refers to those who continue to mine despite repeated orders or administrative penalties from the relevant mineral management departments. The so-called "causing damage to mineral resources" refers to indiscriminate mining in mining areas, causing damage to the entire mineral deposit and the mining methods designed based on the mineral deposit, resulting in the inability to fully exploit the minerals; in mining areas where organic matter is stored and associated minerals are taken The mining method of mining the main ore and abandoning the auxiliary ore corresponds to the non-mining of minerals that are comprehensively mined and comprehensively utilized, so that the minerals cannot be fully and rationally utilized; the minerals that cannot be comprehensively mined temporarily or must be mined at the same time and cannot be comprehensively utilized for the time being and those containing useful components Tailings, without taking effective protection measures, resulting in losses and damage; mining in a reasonable order, mining rich ore and abandoning poor ore, mining thick layer ore and abandoning thin layer ore, mining easy mining and abandoning difficult mining, mining forest ore bodies and abandoning small ones. The ore body loses a large amount of mineral resources; failure to mine according to reasonable mining methods results in low mining recovery rate and high mining dilution rate, which are far different from the design indicators, resulting in a waste of resources; failure to follow reasonable mineral processing technology results in a recovery rate of mineral processing Low, which is far different from the design indicators, resulting in a waste of resources; for some special minerals, mining methods are not stipulated in the technical specifications issued by relevant departments, resulting in resource damage, waste, etc. Subject Elements The subject of this crime is a general subject, but is generally limited to those directly responsible, specifically including the leaders and main executives who make illegal mining decisions in state-owned, collective or township mining enterprises, as well as the instigators, organizers, commanders and personnel who gather people to illegally mine. Artisanal miners. Subjective elements: This crime is subjectively intentional. Its subjective purpose is to obtain mineral products for profit.