Chain mining sand and stone
The following proceres are required to set up a gravel plant:
1. To set up a regular sand making plant, the instrial and commercial department must go through the national instrial and commercial department, apply for the business license and tax registration certificate, and provide the relevant information such as the certificate, registration cost, operation period, project name and application form of the sand making plant
2. The Bureau of land and resources shall examine and approve and set up a mining license
In recent years, the state attaches great importance to environmental protection, and the supervision of environmental protection is very strict all over the country. Therefore, the establishment of sand making plant must be approved by the State Administration of safety, and also through the environmental protection evaluation of the Environmental Protection Bureau. Here, we suggest that when purchasing sand making equipment, we must consider the environmental protection of the equipment, whether to configure st removal equipment or sewage treatment equipment, etc 
after the certificate is completed, it is necessary to go through the EIA proceres of machine-made sand. The specific EIA proceres are as follows:
< H2 > II. Process flow of machine-made sand EIA1. Project approval: firstly, prepare the sand making project documents and file them with the local economic development bureau
2. EIA: go to the local environmental protection bureau for environmental assessment after filing
3. The cost of signing the contract depends on the amount of investment
4. For the on-site assessment of environmental protection agencies, the EIA contents include materials, project equipment, materials and auxiliary materials, and the monitoring of surrounding environment (air, noise, odor concentration, etc.). Generally, the frequency of EIA testing is 4 times a day, a total of 7 days, and the enterprises also need to carry out household survey on surrounding residents or units
5. After getting the household questionnaire, the EIA agency will go to the surrounding residents and units to carry out household survey
6. After the investigation, the project was put into operation and applied for environmental protection acceptance
1. The maximum penalty is seven years, depending on the seriousness of the case
Article 343 of the criminal law; 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 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
extended data:
1. The above has analyzed the difficulties and embarrassments faced by the illegal excavation of sand and stone, but we can not deny the rationality of the application of theft to the illegal excavation of sand and stone because of these difficulties and embarrassments
According to the cases investigated by the Department of land and resources and the Public Security Bureau and the cases sentenced by the court, in addition to illegal mining, in practice, there are cases of unauthorized change of the nature of land use and illegal sand mining for profit after obtaining the land use right by leasing or contracting. Because of the different nature of land use in advance and the different objects of illegal sand mining infringement, this kind of situation can no longer be treated as theft In the case of conviction and punishment of the crime of illegal occupation of agricultural land, the amount of illegal sand mining on the land with usufructuary right is not large, but the use of the occupied land is changed, resulting in a large number of farmland, woodland and other agricultural land damaged, which is in line with the constitutive requirements of the crime of illegal occupation of agricultural land, and should be treated as the crime of illegal occupation of agricultural land. To define this kind of behavior as the crime of illegal occupation of agricultural land is in line with the legislative purpose of the crime of protecting the use of agricultural land, and to distinguish it from the behavior of illegal sand mining on the land that others have the right to use, so as to achieve the purpose of adapting crime, responsibility and punishment In very few cases, illegal excavation of sand and stone may also endanger public security. Generally speaking, the perpetrator in this case holds a laissez faire attitude towards endangering public security. For example, if the actor illegally picks sand (backfilled with clay or garbage) in the public green space or public passage within the scope of his own development of construction land, and there are other residential houses near the sand picking place, the actor still picks sand knowing that his sand picking behavior may endanger the safety of nearby residential houses. If it causes other people's houses to collapse, it can be convicted and punished for the crime of endangering public security by other dangerous meansfor sand mining in inland river, it is necessary to obtain the "permit for sand mining in inland river", and the data to be submitted generally include the following contents:
1. Application form for river excavation permit (attached with topographic map of current river course within the scope of application operation)< 2. Copy of ID card or business license
3. Construction scheme of mining and excavation operation (mining and excavation operation scope, mode, planned total amount of mining and excavation, sand stacking site, transportation scheme, river section control measures, etc.)
4. Relevant information of sand mining tools (inspection certificate of sand mining vessel and sand transport vessel, etc.)
the charging standard is determined according to the local conditions and is generally not charged.
If an illegal act is put on file for investigation, a decision should be made on the tools involved in the case in a timely manner after the case is handled. Please note that illegal instruments do not have to be returned, and the decision of confiscation can also be made
admonishment, warning, fine, or administrative detention of less than 15 days shall be imposed, and the illegal exploitation shall be ordered to stop immediately. Equipment such as forklifts and excavators used in illegal mining may be seized
If the circumstances are serious, criminal responsibility can be investigatedillegal mining of sand and gravel without mining license not only causes serious damage to national environmental resources, but also may lead to some mass incidents
illegal mining, i.e. mining without a license, refers to mining without a license, mining in a state planned mining area, a mining area of great value to the national economy and other mining areas, mining specific minerals that are protected by the state regulations, or mining without a license but not in accordance with the requirements of the mining scope on the mining license, Refusing to stop mining after being ordered to stop mining, thus causing damage to mineral resources
(3) provisions of the criminal law on the crime of illegal mining: < / EM >Whoever commits this crime 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
Illegal sand mining should be reported to the Bureau of land and resources. The national unified reporting telephone number of the Bureau of land and resources is 12336
China implements the sand mining license system, and illegal sand mining in river course is suspected to constitute the crime of illegal mining. If illegal sand mining destroys the natural form of river bed and endangers the safety of dike, it is also suspected to constitute the crime of endangering public safety by other means
according to the criminal law, 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, and mine specific minerals that are protected by the state, causing damage to mineral resources, shall be sentenced to fixed-term imprisonment of not more than three years Criminal detention or public surveillance shall be imposed with or without a fine
Those who cause 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, 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
extended data:
in the face of the complex situation of river sand mining, it is arous and obligatory for water administrative departments at all levels to manage river sand mining according to laws and regulations. The main tasks of river sand mining management are as follows:
1, to ensure the stability of river regime
To ensure the safety of flood control To ensure the navigation safety of navigable reach To ensure the safety of important water engineering facilities Maintain the normal order of proction and life of people along the coast To protect the legitimate rights and interests of sand minersAccording to Article 3 of the interpretation on Several Issues concerning the specific application of law in the trial of criminal cases of land resources destruction, those who violate the land management regulations and illegally occupy cultivated land for other purposes, resulting in a large number of cultivated land destruction, shall be convicted and punished for the crime of illegal occupation of cultivated land in accordance with Article 342 of the criminal law
the "large amount" of illegal occupation of cultivated land refers to the illegal occupation of more than 5 mu of basic farmland or more than 10 mu of cultivated land other than basic farmland
illegal occupation of cultivated land "causes a lot of destruction of cultivated land", which refers to the actor's illegal occupation of cultivated land to build kilns, graves, houses, dig sand, quarrying, boundary mines, borrow soil, pile up solid waste or carry out other non-agricultural construction, resulting in serious damage or serious pollution of planting conditions of more than 5 mu of basic farmland or more than 10 mu of cultivated land outside the basic farmland
according to Article 1 of 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, illegal mining in violation of the provisions of the mineral resources law, which has one of the following circumstances and refuses to stop mining after being ordered to stop mining, thus causing damage to mineral resources, shall be carried out in accordance with the provisions of the first paragraph of article 343 of the criminal law, Be convicted and punished for the crime of illegal mining
mining without mining license; Mining in the state planned mining areas, mining areas of great value to the national economy and other mining areas without authorization; Unauthorized mining of specific minerals that are protected by state regulations
Article 2 in any of the following circumstances, it belongs to "mining without obtaining a mining license" as stipulated in Item (1) of Article 1 of this interpretation: mining mineral resources without a mining license; Continuing to exploit mineral resources after the mining license has been cancelled or revoked; Mining mineral resources beyond the mining area specified in the mining license
mining mineral resources not in accordance with the mining license (except symbiotic and associated minerals), other mining mineral resources without mining license
Article 3 if the value of damage to mineral resources caused by illegal mining is more than 50000 yuan, it 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< According to the second paragraph of article 343 of the criminal law, "mining mineral resources with destructive mining methods" in Article 4 of the criminal law refers to the behavior of the actor who mines mineral resources in violation of the plan for the development and utilization of mineral resources examined and approved by the competent department of Geology and mineral resources and causes serious damage to mineral resources
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 is not dealt with within one year, the cumulative amount of damage to mineral resources shall be calculated
Article 8 the standards of conviction and sentencing for units committing crimes of illegal mining and destructive mining 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 yuan to 100000 yuan and 300000 yuan to 500000 yuan, and report it to the Supreme People's court for the record
extended information:
according to the relevant provisions of the criminal law of the people's Republic of China and the criminal procere law of the people's Republic of China, the following explanations are given on some issues concerning the application of law in handling such criminal cases
Article 1 any violation of the mineral resources law of the people's Republic of China, the water law of the people's Republic of China and other laws and administrative regulations concerning the development, utilization, protection and management of mineral resources shall be deemed as "violation of the provisions of the mineral resources law" as stipulated in article 343 of the criminal law
According to Article 1 of the mineral resources law of the people's Republic of China, this law is formulated in accordance with the constitution of the people's Republic of China for the purpose of developing mining instry, strengthening the exploration, development, utilization and protection of mineral resources, and ensuring the current and long-term needs of socialist modernization Article 2 this law must be observed in the exploration and exploitation of mineral resources within the territory of the people's Republic of China and in the sea areas under its jurisdiction Article 3 mineral resources are owned by 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 resourcesto 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 exploration right and mining right from infringement, and protects the proction order and work order of mining areas and exploration areas from being affected and damaged
Those engaged in mineral resources exploration and exploitation must meet the required qualification conditions Article 4 the state guarantees the legitimate rights and interests of mining enterprises established according to law in mining mineral resources. State owned mining enterprises are the main body of mining mineral resources. The state guarantees the consolidation and development of the state-owned mining economy Article 5 the State implements the system of obtaining exploration right and mining right with compensation; However, the state may, according to different circumstances, rece or exempt the fees paid for the acquisition of exploration and mining rights. The specific measures and implementation steps shall be formulated by the State Council In order to exploit mineral resources, we must pay resource tax and resource compensation fee in accordance with the relevant provisions of the state Article 6 the exploration right and mining right shall not be transferred except in accordance with the following provisions:the exploration right holder shall have the right to carry out the prescribed exploration operations in the designated exploration operation area and have the priority to obtain the mining right of the mineral resources in the exploration operation area. After completing the prescribed minimum exploration investment, the exploration right holder may transfer the exploration right to another person with approval according to law
If a mining enterprise that has obtained the mining right needs to change the subject of the mining right e to the merger or division of the enterprise, joint venture or cooperative operation with others, or e to the sale of the enterprise's assets or other changes in the property rights of the enterprise's assets, the mining right may be transferred to others for mining with the approval of law
The specific measures and implementation steps specified in the preceding paragraph shall be formulated by the State Council. It is forbidden to resell prospecting and mining rights for profit(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< Article 39 anyone who, in violation of the provisions of this law, mines without a mining license, enters a state planned mining area, mines in 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, and confiscate the mined mineral procts and illegal income, They 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 40 those who mine beyond the approved mining area shall be ordered to return to the mining area for mining and compensate for losses, and the mineral procts and illegal income from cross-border mining shall be confiscated and may also be fined; Those who refuse to return to the mining area for mining and cause damage to mineral resources shall have their mining license revoked and the persons directly responsible shall be investigated for criminal responsibility in accordance with the relevant provisions of the criminal law< Article 41 Anyone who steals or seizes mineral procts or other property of mining enterprises or exploration units, damages mining and exploration facilities, or disturbs the order of proction and work in mining areas and exploration areas shall be investigated for criminal responsibility in accordance with the relevant provisions of the criminal law; If the circumstances are obviously minor, it shall be punished in accordance with the relevant provisions of the law on administrative penalties for public security.
as mentioned above, we have analyzed the difficulties and awkwardness in determining the crime of theft for all illegal sand mining activities. However, we can not deny the rationality of applying the crime of larceny to illegal sand mining activities because of these difficulties and awkwardness. In our opinion, the crime of theft can be applied to the conviction and punishment of illegal excavation of sand and stone in the following cases:
1. The actor, for the purpose of illegal possession, illegally mines sand and stone on the construction land requisitioned by others according to law or on the agricultural land contracted or leased by others, and the amount is relatively large. Article 264 of the criminal law stipulates that larceny refers to the act of secretly stealing other people's property with a large amount. The establishment of larceny must have both subjective and objective characteristics, that is, the objective secrecy and the subjective purpose of illegal possession. In the objective aspect, the perpetrator has the behavior of stealing a large amount of public and private property secretly or repeatedly. Subjectively, the perpetrator must have the criminal purpose of stealing others' property intentionally and illegally occupying others' property“ The purpose of crime refers to the psychological pursuit of some illegal interests after the perpetrator realizes the direct harmful result of the act in intentional crime[ 3] Although the criminal code of our country does not clearly stipulate that illegal possession is the criminal purpose of theft, it is specially stipulated in the judicial interpretation of the Supreme Court. From the result, the above behaviors of the actor also bring great economic losses to the usufructuary of land. Therefore, the behavior of the perpetrator conforms to the subjective and objective characteristics of theft< 2. The amount of sand and stone illegally mined by the actor on the state or collective land without usufructuary right is relatively large. This kind of behavior has the following characteristics: (1) no right. That is to say, the perpetrator does not enjoy usufructuary right in the excavation area. If the perpetrator has the right to use the land or other rights and illegally excavates sand and gravel, he should be convicted of other crimes 2) The secrecy of behavior. The secrecy here refers to that the actor steals sand and stone (including self use, sales, etc.) secretly without permission of relevant departments. It should be noted that this secrecy is relative to the state and the collective. It is possible that the actor openly digs sand and stone, and the surrounding people also know about it, but no one reports it, and the relevant departments have not found it, This situation is also in line with the confidentiality of theft 3) Social harmfulness. Specific to the case of illegal illegal mining of sand and stone, social harmfulness refers to that the behavior of illegal mining of sand and stone not only causes the destruction of other people's agricultural land or construction land, but also causes the property loss of the user, which reaches the standard of conviction and punishment of theft
3. The perpetrator secretly steals the sand and stone that has been excavated by others, and the amount is large. No matter whether the sand excavated by others is illegal or legal, the behavior of the perpetrator should be defined as theft. The reason is that the sand and stone excavated by others has been attached with the value of labor and processing by others, and has become a commodity. Therefore, whether this kind of sand and stone belongs to the private or the state, the perpetrator's stealing by secret means is essentially an act of infringing on the property rights of others< According to the cases investigated by the land department and the Public Security Bureau as well as the cases sentenced by the court, in addition to illegal mining, there are also cases in which the nature of land use is changed without authorization and illegal sand mining is profitable after obtaining the land use right by leasing or contracting. Because of the different nature of land use in advance and the different objects of illegal sand mining infringement, this kind of situation can no longer be treated as theft. This kind of behavior is mainly manifested as follows: the perpetrator, in the name of construction, mines and sells sand for profit on the land with usufructuary rights, which meets the prosecution standard of the crime of illegal mining and should be treated as the crime of illegal mining. According to the law of our country, the use of land must conform to the purpose of land use, and the exploitation of sand and gravel needs special administrative license. If the perpetrator changes the use of the construction land without authorization on the land with the right to use the land and mines without a license, if the circumstances are serious, he may be convicted of the crime of illegal mining. In addition, if the illegal sand mining actor intentionally evades the law and controls the mining area for deep mining, it is difficult to punish the illegal occupation of agricultural land at this time, but can only be convicted and punished as the crime of illegal mining< (3) the conviction and punishment of the crime of illegal occupation of agricultural land
the amount of illegal sand mining on the land with usufructuary right is small, but the use of the occupied land is changed, and the amount is large, causing a lot of damage to cultivated land, woodland and other agricultural land, which is in line with the constitutive requirements of the crime of illegal occupation of agricultural land, and should be treated as the crime of illegal occupation of agricultural land. To define this kind of behavior as the crime of illegal occupation of agricultural land is in line with the legislative purpose of the crime of protecting the use of agricultural land, and to distinguish it from the behavior of illegal sand mining on the land that others have the right to use, so as to achieve the purpose of adapting crime, responsibility and punishment< (4) punishment of the crime of endangering public security by other dangerous means
in rare cases, illegal excavation of sand and stone may also endanger public security. Generally speaking, the perpetrator holds a laissez faire attitude towards endangering public security. For example, if the actor illegally picks sand (backfilled with clay or garbage) in the public green space or public passage within the scope of his own development of construction land, and there are other residential houses near the sand picking place, the actor still picks sand knowing that his sand picking behavior may endanger the safety of nearby residential houses. If it causes other people's houses to collapse, it can be convicted and punished for the crime of endangering public security by other dangerous means.