How to deal with private mining

1. Let me answer this question in return. If you violate any law of the state, what punishment will be imposed. If you dig without permission, it is illegal mining. Mining without permission is illegal. We have to be punished.

2. There are two ways to play customer cloud, one is conservative, the other is wise. If you choose conservatives, you will get crystal (0.68 yuan per day, 500 yuan for two years), which has more download and network sharing functions than the second generation of moneymaker; If you choose Rui wise, on the basis of downloading and network sharing, you can increase the player reward plan, and you can get the player money through mining.

3. Article 36 of the land law of the people's Republic of China: land must be used sparingly in non-agricultural construction, and cultivated land shall not be occupied if wasteland can be used; 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 anyone who, 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 of the mineral resources law of the people's Republic of China: 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. Suggestion: report to the local land and resources management department.

4. There are some in simple swimming.

5.

According to the provisions of article 343 of the criminal law of the people's Republic of China, those who, in violation of the provisions of the mineral resources law, mine without a mining license, enter the state planned mining areas, mining areas of great value to the national economy and other mining areas without authorization shall mine the specific minerals for which protective mining is prescribed by the state without authorization

Those who refuse to stop mining after being ordered to stop mining, thus 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; 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

Those who, in violation of the provisions of the mineral resources law, exploit mineral resources by destructive mining methods, 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

According to Article 42 of the detailed rules for the implementation of the mineral resources law of the people's Republic of China, those who are fined in accordance with articles 39, 40, 42, 43 and 44 of the mineral resources law shall be subject to the following provisions respectively:

< P > those who mine without obtaining a mining license shall enter the state planned mining area without authorization Anyone who mines in a mining area of great value to the national economy or within the mining area of another person, or arbitrarily mines a specific type of mineral for which protective mining is prescribed by the state, shall be fined less than 50% of the illegal income

according to Article 39 of the mineral resources law of the people's Republic of China, those who, in violation of the provisions of this law, mine without a mining license, enter the state planned mining area, mine within the mining area of great value to the national economy, and mine specific minerals that are protected by the state

order to stop mining, compensate for losses, confiscate the mined mineral procts and illegal income, and may also impose a fine; 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

extended information:

Case: two men in Changjiang mining without license were sentenced

the Changjiang Court concluded a gang crime of illegal mining of river sand. The defendants Wu and Fu were sentenced to one year and six months' imprisonment and one year's imprisonment respectively for the crime of illegal mining, and were fined 20000 yuan respectively

after the trial, the court found that the defendant Wu and mai (handled separately) signed an agreement with a villager of Changshan village committee of Haiwei town and paid relevant fees to the villager without the approval of relevant departments and the issuance of "river sand mining license" and "mining license"

in March 2015, the defendant Wu rented the sand pumping boat of the defendant Fu for sand mining. Fu, knowing that Wu had no legal sand mining certificate, still provided two sand extraction boats and workers to help Wu mine river sand

after Hainan fair judicial appraisal center identified the seized sand sales bills of wumou sand quarry, the sales volume of river sand in the sand quarry was 6463 cubic meters, resulting in the loss of mineral resources of 161575 yuan, and the sales volume of river sand mined by Fumou sand pumping vessel was 2625 cubic meters, resulting in the loss of mineral resources of 65625 yuan

According to the investigation, the defendant Wu, together with Mai Qiufeng, worked in partnership to mine river sand and was actually responsible for the management of the sand field involved in the case, which played an active role in the joint crime. The Changjiang court held that the defendants Wu and Fu violated the provisions of the mineral resources law and exploited mineral sand without obtaining a mining license. Among them, the defendant Wu caused a loss of mineral sand resources of 161575 yuan and the defendant Fu caused a loss of mineral sand resources of 65625 yuan, both of which were serious cases. The actions of the two defendants constituted the crime of illegal mining, so the court made the above judgment

6.

Whoever mines without a mining license, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance

according to Article 343 of the criminal law [crime of illegal mining; Whoever, 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, or mines a special type of mineral for which protective mining is prescribed by the state, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, A fine shall be imposed concurrently or only

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, mines 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

According to the interpretation of the Supreme People's Court on Several Issues concerning the specific application of law in the trial of criminal cases of illegal mining and destructive mining, Article 1 if an illegal mining violates the provisions of the mineral resources law and has one of the following circumstances, and refuses to stop mining after being ordered to stop mining, thus causing damage to mineral resources, the provisions of the first paragraph of article 343 of the criminal law shall apply, Conviction and punishment of illegal mining crime:

(1) mining without mining license

(2) mining in the state planned mining areas, mining areas of great value to the national economy and other mining areas without authorization

(3) unauthorized mining of specific minerals that are protected by the state regulations

(1) mining mineral resources without a 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)

(5) other situations of mining mineral resources without obtaining mining license

extended data

according to Article 3 of the interpretation of the Supreme People's court and the Supreme People's Procuratorate on Several Issues concerning the application of law in handling criminal cases of illegal mining and destructive mining, the implementation of illegal mining has one of the following circumstances, (1) the value of the mined mineral procts or the value causing damage to the mineral resources is more than 100000 yuan to 300000 yuan

(2) mining in a state planned mining area or a mining area of great value to the national economy, mining a specific type of mineral for which protective mining is prescribed by the state, or mining in a prohibited mining area or period, with the value of the mined mineral procts or causing damage to mineral resources ranging from 50000 yuan to 150000 yuan or more

(3) having received more than two administrative punishments for illegal mining within two years, and then carrying out illegal mining activities

(4) causing serious damage to the ecological environment

(5) other serious circumstances

(1) if the amount of illegal mining is more than five times of the standard specified in Items 1 and 2 of the preceding paragraph; and

(2) causing particularly serious damage to the ecological environment

(3) other serious circumstances

Article 6 the value of the damage to mineral resources caused is between 500000 yuan and more than one million yuan, or the value of the damage to mining areas planned by the state, mining areas of great value to the national economy, and specific mineral resources for which protective mining is prescribed by the state is between 250000 yuan and 500000 yuan, It should be recognized as "causing serious damage to mineral resources" in the second paragraph of article 343 of the criminal law

7. In accordance with Article 42 of the detailed rules for the implementation of the mineral resources law and in accordance with the provisions of articles 39, 40, 42, 43 and 44 of the mineral resources law, fines shall be imposed in accordance with the following provisions respectively:
(1) mining without obtaining a mining license shall enter the state planned mining area without authorization Anyone who mines in a mining area of great value to the national economy or within the mining area of another person, or arbitrarily mines a specific type of mineral for which protective mining is prescribed by the state, shall be fined less than 50% of the illegal income< (2) if mining beyond the approved mining area, a fine of less than 30% of the illegal income will be imposed< (3) if mineral resources are sold, leased or transferred in other forms, or mining rights are sold or leased, the seller, the lessor or the transferor shall be fined less than one time of the illegal income< (4) those who illegally use mining rights as collateral shall be fined less than 5000 yuan< (5) those who purchase and sell mineral procts uniformly purchased according to state regulations shall be fined less than one time of their illegal income< (6) those who adopt destructive mining methods to exploit mineral resources, causing serious damage to mineral resources, shall be fined less than 50% of the lost value of mineral resources.

8. The Supreme People's court's interpretation on Several Issues concerning the specific application of law in the trial of criminal cases of illegal mining and destructive mining stipulates that article 3 the value of damage to mineral resources caused by illegal mining, with an amount of more than 50000 yuan, belongs to "damage to mineral resources" as stipulated in the first paragraph of article 343 of the criminal law; If the amount is more than 300000 yuan, it belongs to "causing serious damage to mineral resources" as stipulated in the first paragraph of article 343 of the criminal law
Article 4 in the second paragraph of article 343 of the criminal law, "mining mineral resources with destructive mining methods" refers to the act of the actor mining mineral resources in violation of the mineral resources development and utilization plan examined and approved by the Department in charge of Geology and mineral resources, and causing serious damage to mineral resources< Article 5 if the value of mineral resources damaged by destructive mining is more than 300000 yuan, it belongs to "causing serious damage to mineral resources" as stipulated in the second paragraph of article 343 of the criminal law
Article 6 destructive mining methods and the amount of damage or serious damage to mineral resources shall be determined by the Department in charge of Geology and mineral resources at or above the provincial level after verification
Article 7 If multiple illegal mining or destructive mining constitutes a crime and should be prosecuted according to law, or if multiple illegal mining or destructive mining has not been dealt with within one year, the cumulative amount of damage to mineral resources shall be calculated
Article 8 the conviction and sentencing standards for the crimes of illegal mining and destructive mining committed by a unit shall be implemented in accordance with the relevant provisions of this interpretation
Article 9 the higher people's courts of all provinces, autonomous regions and municipalities directly under the central government may, according to the actual situation of their own regions, determine the starting amount standard for the implementation of Articles 3 and 5 of this interpretation within the range of 50000 to 100000 yuan and 300000 to 500000 yuan, and report to the Supreme People's court for record.

9.

According to Article 35 of the public security punishment law, illegal sand mining shall be detained for not less than five days but not more than 10 days, and may also be fined not more than 500 yuan; If the circumstances are relatively minor, he shall be detained for not more than five days or fined not more than 500 yuan

contents of the law on public security punishment for illegal sand mining:

according to Article 35 of the law on public security punishment, anyone who commits one of the following acts shall be detained for not less than five days but not more than ten days and may also be fined not more than 500 yuan; If the circumstances are relatively minor, the offender shall be detained for not more than five days or fined not more than 500 yuan:

1, stealing, damaging or moving railway facilities, equipment, locomotive accessories or safety signs without authorization

2, placing obstacles on the railway line, or intentionally throwing objects at the train

3, digging pits, quarrying stones and taking sand at railway lines, bridges and culverts

4, setting private crossing or level crossing on railway line

expanded materials :

basic principles of public security management punishment

1. Principle of legality of behavior and punishment

Article 3 of the administrative punishment law stipulates: "if there is no legal basis or does not comply with legal proceres, administrative punishment shall be invalid." This is the essence of the principle of legality of behavior and punishment, which involves the punishment of public security management. It means that the behavior of violating public security management and the punishment of public security management should be clearly stipulated by the law. If there is no clear stipulation in the law, it cannot be regarded as the behavior of violating public security management, and the punishment of public security management cannot be applied

It is a pity that this principle is not set in the provisions of the law on punishment for public security administration

Article 4 of the administrative punishment law stipulates that "the establishment and implementation of administrative punishment must be based on facts and be equivalent to the facts, nature, circumstances and social harm of illegal acts." Article 5 of the law of the people's Republic of China on administrative penalties for public security also stipulates that "administrative penalties for public security must be based on facts and be equivalent to the nature, circumstances and degree of social harm of acts violating public security administration." This is the core of the principle of equivalence between punishment and illegal act, which means that the punishment of public security administration is based on facts and is equivalent to the nature, plot and social harm of the act of violating public security administration. This reflects the unity, seriousness and fairness of the legal system

Article 4 of the administrative punishment law stipulates that "administrative punishment shall follow the principle of fairness and openness." Article 5 of the law on administrative penalties for public security also stipulates that "the implementation of administrative penalties for public security shall be open and fair...", and adhere to the principle of openness and fairness in the implementation of administrative penalties for public security

publicity means that the basis for the implementation of public security management punishment and the rights enjoyed by the punished parties should be made public. The publicity of administrative cases can not directly realize the justice of substantive rights and obligations, but is the guarantee of justice. Justice refers to "fairness and integrity, without bias"

in the process of implementing public security management punishment, first of all, all parties should be treated equally, and the identity of the parties should not be taken as the standard of the severity of the punishment; Secondly, the punishment of public security administration should be in accordance with the degree of social harm caused by the violation of public security administration. In order to implement the punishment of public security administration justly, it is necessary to exercise the right of discretion correctly

According to Article 5 of the law on administrative penalties for public security, the implementation of administrative penalties for public security shall be open and fair, respect and protect human rights, and protect the personal dignity of citizens Therefore, the principle of respect and protection of human rights refers to the determination of violations of public security management, the implementation of public security management penalties, the respect and protection of human rights and the protection of citizens' human dignity

The third paragraph of Article 5 of the law on public security administration punishment stipulates that "the principle of combining ecation with punishment shall be adhered to in handling public security cases". The basic spirit of this principle is to insist that punishment is not an end, but a means, and ecation is also a means. Through punishment and ecation, we can make it no longer harm society, prevent and rece the occurrence of crimes

10. Hello, let's not pay attention to these items for the time being. It depends on how to deal with them in the judicial judgment.