What articles of the Land and Resources Law are violated by stealing ores

Mining ore without permission is a crime that destroys the protection of environmental resources.

It is illegal to mine the mine without permission. Anyone who mines without obtaining a mining license, enters a mining area planned by the state or mines of great value to the national economy without authorization, or exploits a specific mineral that the state stipulates for protective mining without authorization, shall be ordered to stop mining, compensate for losses, confiscate the mined mineral products and illegal gains, and may be fined concurrently; Refusal to stop mining, causing damage to mineral resources, in accordance with the relevant provisions of the Criminal Law, the person directly responsible shall be investigated for criminal responsibility.

Mineral resources belong to the state, and the ownership of mineral resources by the state is exercised by ***. State ownership of mineral resources, whether surface or underground, does not change depending on the ownership or use rights 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 individual to occupy or destroy mineral resources by any means. The people at all levels must strengthen the protection of mineral resources.

To prospect and exploit mineral resources, it is necessary to apply for and obtain prospecting rights and mining rights respectively in accordance with the law, and to go through registration; However, mining enterprises that have applied for mining rights in accordance with the law are excluded from the exploration carried out by the enterprises within the scope of the demarcated mining area for the production of the enterprise's model master. The State protects prospecting and mining rights from infringement, and ensures that the production and work order in mining areas and exploration areas are not affected or damaged.

Legal basis

Criminal Law of the People's Republic of China

Article 343 [Crime of Illegal Mining] Whoever violates the provisions of the Mineral Resources Law by mining without obtaining a mining license, entering a mining area planned by the State, mining areas of great value to the national economy, or mining areas of others without authorization, or mining specific minerals that the State provides for protective mining without authorization, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release, and/or a fine; where the circumstances are especially serious, the sentence is between three and seven years imprisonment and a concurrent fine.

Crime of destructive mining] Whoever, in violation of the provisions of the Mineral Resources Law, adopts destructive mining methods to exploit mineral resources, causing serious damage to mineral resources, shall be sentenced to fixed-term imprisonment of not more than five years or short-term detention and shall also be fined.

Legal Analysis: Mining ore without permission is illegal. Anyone who mines without obtaining a mining license, enters a mining area planned by the state or mines of great value to the national economy without authorization, or exploits a specific mineral that the state stipulates for protective mining without authorization, shall be ordered to stop mining, compensate for losses, confiscate the mined mineral products and illegal gains, and may be fined concurrently; Refusal to stop mining, causing damage to mineral resources, in accordance with the relevant provisions of the Criminal Law, the person directly responsible shall be investigated for criminal responsibility.

Legal basis: "Mineral Resources Law of the People's Republic of China" Article 39 Whoever violates the provisions of this Law by mining without obtaining a mining license, enters a mining area planned by the State without authorization, mines within the scope of a mining area of great value to the national economy, or exploits a specific mineral species that the State stipulates for protective mining without authorization, shall be ordered to stop mining, compensate for losses, confiscate the mined mineral products and illegal gains, and may be fined concurrently; Refusal to stop mining, causing damage to mineral resources, in accordance with the relevant provisions of the Criminal Law, the person directly responsible shall be investigated for criminal responsibility.

Units and individuals who enter the mining areas of state-owned mining enterprises and other mining enterprises established by others in accordance with the law shall be punished in accordance with the provisions of the preceding paragraph.

The penalty for stealing mineral resources needs to be determined according to the circumstances. They are: Sail Void.

1. A sentence of up to three years imprisonment, short-term detention or controlled release is to be given, and/or a fine; Raiders.

2. where the circumstances are especially serious, a sentence of between three and seven years imprisonment and a concurrent fine is to be given.

Whoever violates the provisions of the Mineral Resources Law by mining without obtaining a mining license, entering a mining area planned by the State, mining areas of great value to the national economy, or mining areas of others, or mining specific minerals that the State provides for protective mining without authorization, shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release, and/or a fine. where the circumstances are especially serious, the sentence is between three and seven years imprisonment and a concurrent fine.

Whoever violates the provisions of the Mineral Resources Law by employing destructive mining methods to exploit mineral resources, causing serious damage to mineral resources, shall be sentenced to fixed-term imprisonment of not more than five years or short-term detention and shall also be fined. The high people's courts and people's procuratorates of all provinces, autonomous regions, and municipalities directly under the Central Government may, on the basis of the economic development situation of their respective regions and consider the state of public security, determine the specific monetary standards for enforcement in their respective regions within the range of amounts provided for in the preceding paragraph, and report to the Supreme People's Court and Supreme People's Procuratorate for approval. Where the theft of drugs or other contraband shall be handled as the crime of theft, the punishment is to be given on the basis of the severity of the circumstances.

1. The purpose of the state's unified planning for the exploration and development of mineral resources:

1. In order to safeguard all the rights and interests of the state in mineral resources, strengthen the state's macroeconomic regulation and control of the development and utilization of mineral resources;

2. Coordinate the demand for mineral resources between the current and the long-term, domestic and foreign, the first and the local, and the local and the local, and promote the rational utilization of mineral resources;

3. Save and utilize limited mineral resources, effectively protect resources and the environment, and promote the sustained, rapid and healthy development of the national economy. Mineral resource planning includes national mineral resource planning and regional mineral resource planning.

2. Uses of mineral resources.

1. More than 70% of the natural resources used by human society are mineral resources.

2. Mineral resources are the foundation of human civilization and progress.

3. Mineral resources are the catalyst for human beings to get rid of primitive life and move towards civilization, and their development and utilization are the symbols of the development of human civilization.

4. Mining development has created huge economic value for the national economy.

5. The development of mineral resources has created a high linkage effect for the national economy.

6. Mineral resources are a major resource asset of the country.

Legal basis

Mineral Resources Law of the People's Republic of China

Article 39 Whoever, in violation of the provisions of this Law, mines without obtaining a mining license, enters a mining area planned by the State or mines within the scope of a mining area of great value to the national economy, or exploits a specific mineral species that the State provides for protective mining without authorization, shall be ordered to stop mining, compensate for losses, confiscate the mined mineral products and illegal gains, and may impose a fine without stopping mining, causing damage to mineral resources, and the persons directly responsible shall be investigated for criminal responsibility in accordance with the provisions of Article 156 of the Criminal Law.

With the current situation

Besides, the criminal law can't control you

But the Mineral Resources Law can manage your DAO. Article 40 of the Mineral Resources Law.

If it is mining beyond the scope of the approved mining area, it shall be ordered to return to the mining area within the scope of the mining area, compensate for losses, confiscate the mineral products mined beyond the border and illegal gains, and may be fined concurrently; Anyone who refuses to return to the mining area for mining, causing damage to mineral resources, shall have his or her mining license revoked, and the persons directly responsible shall be investigated for criminal responsibility in accordance with the provisions of Article 156 of the Criminal Law. If you don't listen to the ruling of the land and resources management department, you can also be held criminally responsible.

It's against the law and it's punishable!

Measures for the Administration of Mineral Resources Exploitation Registration (promulgated by Order No. 241 on February 12, 1998) Article 17 Any unit or individual who mines without obtaining a mining license, enters the national planning mining area and the mining area of great value to the national economy without authorization, exploits the specific minerals that the state stipulates for protective mining without authorization, and mines beyond the scope of the approved mining area

In fact, it is calculated according to the value of your mineral products, and the sentencing is based on the theft prosecution, which is not so verbose, and now it is very simple.

Refer to the Mineral Resources Management Law to impose the death penalty in severe cases.

Article 39 of the Mineral Resources Law.

Summary. Illegal! It belongs to the illegal exploitation of mineral resources! The proceeds are also illegal!

Illegal! It belongs to the illegal exploitation of mineral resources! The proceeds are also illegal!

He has obtained a mining license! However, the land has not been converted from agricultural land to mining or construction land.

Article 39 stipulates that anyone who violates the provisions of this Law by mining without obtaining a mining license, enters a mining area planned by the state without authorization or mines of great value to the national economy, or mines a specific mineral that is subject to protective mining according to the national regulations and regulations, shall be ordered to stop mining, compensate for losses, confiscate the mined mineral products and illegal gains, and may also be fined; Where mining is refused to be stopped, causing damage to mineral resources, the directly responsible persons are to be pursued for criminal responsibility in accordance with the provisions of Criminal Law article 156. Reaching the standard constitutes the crime of illegal mining. The specific sentence is calculated on the basis of the appraisal loss caused by the mineral resources.

Then in terms of procedure, there is still a way to go!

It's illegal to just mined it!

Mining licenses are available.

Yes, you have a license! However, at present, the land is still agricultural land.

And not mining resources!

So that means that the program that belongs to you is still finished!

Only after the land change is completed then the permit is held.

To mine then it is legal and compliant!

The Bureau of Land and Resources has ordered the cessation of production, but the resources dug up by the enterprises from the mountains are still allowed to be pulled away, and the farmers are not allowed to pull them away.

Therefore, the police informed the farmers that they could not stop the enterprises from taking away the resources.

Hold on. Looking.

In this case, there are two ways!

Be the first to try to call the mayor on 12345** for administrative help!

The second method is to sue the enterprise for illegal operation in the village!

Ask the other party to stop mining! And recover!

At that time, after the stoppage order was issued, the farmers stopped the enterprise and did not let the enterprise take it away, and the public security could not do anything.

It shows that people help get through relationships!

So I suggest you try 12345 Mayor first** and see if it works!

Help you solve it with executive energy!

The agreement signed between the village and the enterprise, the village has been invalidated and the contract has been sued to the court, and the judgment has not yet been made!

Then now you can only wait for the verdict! Then, according to the verdict, decide the next countermeasure!

If the verdict is unfavorable, it is recommended to continue the appeal!