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Where to report unlicensed mining

Publish: 2021-05-15 13:30:12
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4. It's not under the jurisdiction of the Public Security Bureau. It should be under the jurisdiction of the Bureau of land and resources.
5. First of all, in accordance with Article 39 of the mineral resources law, those who mine illegally and without authorization shall be ordered by the land and resources administration department to stop mining, compensate for losses, confiscate the mined mineral procts and illegal income, and may also be fined; Those who refuse to stop mining and cause damage to mineral resources shall be investigated for criminal responsibility in accordance with the provisions of Article 156 of the criminal law. Reaching the standard constitutes the crime of illegal mining. The specific term of imprisonment is calculated according to the appraisal losses caused to mineral resources
generally speaking, local governments organize relevant departments (such as land, public security, safety supervision, environmental protection and other departments) to carry out joint actions. We will severely crack down on illegal activities such as exploration and mining without certificates. Local people's governments at all levels should concentrate their efforts on cracking down on illegal activities of exploration and exploitation of mineral resources without certificates within their respective administrative areas
1. The public security department shall not approve the purchase and use of civil blasting equipment, the electric power department shall not supply power, the instrial and commercial department shall not issue business license, the safety supervision department shall not issue safety proction license, and the competent department of land and resources shall order it to stop mining and confiscate the mined mineral procts and illegal income, And impose a heavier fine
2. In case of mining with an exploration license or if the mining type is inconsistent with the mining license, the competent department of land and resources shall order it to stop the illegal act and punish it as mining without a license. In case of refusing to make corrections, the exploration license or mining license and other licenses shall be revoked according to law
3. Mining without authorization ring the period of stop proction and rectification shall be seriously investigated and punished by the Department that decides to stop proction and rectification.
6. How did not report telephone, this matter should report like which unit
7. Illegal mining report telephone is generally managed by the land and resources department, you can find their law enforcement team.
8. In accordance with the provisions of Article 11 of the mineral resources law of the people's Republic of China, the Department in charge of Geology and mineral resources under the State Council is in charge of the supervision and administration of the exploration and exploitation of mineral resources throughout the country. The relevant departments in charge of the State Council shall assist the Department in charge of Geology and mineral resources under the State Council in the supervision and administration of the exploration and exploitation of mineral resources< The departments in charge of Geology and mineral resources of the people's governments of provinces, autonomous regions and municipalities directly under the central government shall be responsible for the supervision and administration of the exploration and exploitation of mineral resources within their respective administrative areas. The relevant competent departments of the people's governments of provinces, autonomous regions and municipalities directly under the central government shall assist the competent departments of Geology and mineral resources at the same level in the supervision and administration of the exploration and exploitation of mineral resources
anyone who illegally mines a mine can report to the Department in charge of Geology and mineral resources. In addition, illegal mining may touch the first paragraph of article 343 of our criminal law, which constitutes the crime of illegal mining. If there is sufficient evidence, we can also report it directly. Hope to help you, I wish you a happy life!
9. They are suspected of illegal business operation and serious accident. It is suggested that their families be settled properly. He turned himself in to the police and asked for a lighter punishment< According to the provisions of the mineral resources law, if a unit or indivial mines without a mining license or mines specific minerals that are protected by the state regulations, the land and resources administration department has the right to order it to stop mining, compensate for losses, confiscate the mined mineral procts and illegal income, and impose a fine< According to the provisions of the criminal law, if a unit or an indivial mines without a mining license or mines a specific kind of mineral that is subject to protective mining according to the state regulations, there is only the situation of "refusing to stop mining after being ordered to stop mining", And those who cause damage to mineral resources (the amount is more than 50000 yuan) or serious damage to mineral resources (the amount is more than 300000 yuan) constitute the crime of illegal mining

If a unit commits a crime, it shall be fined, and the person in charge and other persons who are directly responsible for "causing damage to mineral resources" 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 serious damage is caused to mineral resources, the persons who are directly in charge and other persons who are directly responsible shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined<

according to the interpretation on Several Issues concerning the specific application of law in the trial of criminal cases of illegal mining and destructive mining, unlicensed mining is a form of illegal mining, which mainly includes the following situations:
(1) mining of mineral resources without mining license< (2) continuing to exploit mineral resources after the mining license has been cancelled or revoked< (3) mining mineral resources beyond the mining area specified in the mining license< (4) mining mineral resources not in accordance with the minerals specified in the mining license (except symbiotic and associated minerals); and< (5) other situations of mining mineral resources without mining license

the "directly responsible person in charge and other directly responsible persons" mentioned above are not necessarily the legal representative of the company, but may be the manager or manager of the company or other person actually responsible for business activities< Third, whether the actual controller and the controlling shareholder should bear the responsibility

the actual controller, the controlling shareholder, the management personnel and the management personnel should be involved only in the case of "the crime of proction and operation responsibility accident", "the crime of forcing illegal and risky operation accident", "the crime of major labor safety accident", "the crime of not reporting or falsely reporting safety accident" Investors in charge of proction, operation and management bear legal liability, which has no direct connection with the crime of illegal mining. Of course, according to the relevant provisions, if a person violates the provisions of the mineral resources law and causes major casualties or other serious consequences in the process of illegal mining, and constitutes the crime of "proction and operation responsibility accident" or "crime of forcing illegal and risky operation accident" or "crime of major labor safety accident" and the crime of illegal mining at the same time, he can be punished for several crimes.
10. Illegal sand mining, according to its nature, violates the relevant laws:
1. Report to the local land authorities and inquire whether the sand mining unit has sand mining certificates approved by the relevant departments. 2. Report to the local people's government what you think is the abuse of land and sand mining without license. 3. If the abuse of land or illegal sand mining constitutes a crime, it may be reported directly to the public security organ< Relevant laws and regulations:
1. Land law of the people's Republic of China
Article 36 land must be used sparingly in non-agricultural construction. If wasteland can be used, cultivated land shall not be occupied; Where bad land can be used, good land shall not be occupied. It is forbidden to occupy cultivated land to build kilns or graves, or to build houses, dig sand, quarrying, mining, or borrow soil on cultivated land without authorization< Article 74 Whoever, in violation of the provisions of this law, occupies cultivated land to build kilns or graves, or builds houses, digs sand, quarries, mines or takes soil on cultivated land without authorization, thus damaging the conditions for planting, or causes desertification or salinization of land e to land development, shall be ordered by the land administrative department of the people's government at or above the county level to make corrections or control within a time limit and may also be fined; If a crime is constituted, criminal responsibility shall be investigated according to law< Article 3 mineral resources belong to the state, and the State Council shall exercise the state ownership of mineral resources. The state ownership of surface or underground mineral resources shall not change with the ownership or use right of the land to which they are attached< The state guarantees the rational development and utilization of mineral resources. It is forbidden for any organization or indivial to occupy or destroy mineral resources by any means. People's governments at all levels must strengthen the protection of mineral resources
to explore and exploit mineral resources, it is necessary to apply for and obtain the exploration right and mining right respectively according to law, and register them; However, mining enterprises that have applied for mining rights according to law are excluded from the exploration carried out for their own proction within the designated mining area. The state protects the rights of exploration and mining from infringement, and ensures that the order of proction and work in mining areas and exploration areas will not be affected or damaged
those engaged in mineral resources exploration and mining must meet the required qualification conditions
Article 39 anyone who, in violation of the provisions of this law, mines without a mining license, enters a state planned mining area or a mining area of great value to the national economy, or mines a specific type of mineral for which protective mining is prescribed by the state, shall be ordered to stop mining, compensate for losses, confiscate the mined mineral procts and illegal income, and may also be fined; Those who refuse to stop mining and cause damage to mineral resources shall be investigated for criminal responsibility in accordance with the relevant provisions of the criminal law
units and indivials who enter the mining areas of state-owned mining enterprises and other mining enterprises established by others according to law shall be punished in accordance with the provisions of the preceding paragraph< Article 342 in the criminal law of the people's Republic of China, anyone who, in violation of the laws and regulations on land administration, illegally occupies cultivated land for other purposes, resulting in a large amount of cultivated land destruction, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also, or shall only, be fined
Article 343 anyone who, in violation of the provisions of the mineral resources law, mines without a mining license, enters a mining area planned by the state, a mining area of great value to the national economy, or another person's mining area to mine without authorization, mines a specific type of mineral for which protective mining is prescribed by the state, refuses to stop mining after being ordered to stop mining, thus causing damage to mineral resources, They 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; Whoever causes serious damage to mineral resources 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.
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