Is mining illegal, is mining illegal?

[Legal Analysis].: Bitcoin and its production tools, mining machines, are not prohibited by law, and can be done without prohibition, so Bitcoin mining is a legal industry. Although it is not illegal, it is not recognized in China, and virtual currency transactions have been banned in China, and if the operation of virtual currency may be suspected of illegal operation, a large amount of power resources are consumed but do not bring actual benefits to the society, and many places have been stopped.

[Legal basis].Article 225 of the Criminal Law of the People's Republic of China: Whoever violates state regulations by committing any of the following illegal business activities, disrupting market order, and the circumstances are serious, is to be sentenced to up to five years imprisonment or short-term detention, and/or a fine of between 1 and 5 times the amount of unlawful gains; where the circumstances are especially serious, a sentence of five or more years imprisonment is to be given, and a concurrent fine of between 1 and 5 times the amount of unlawful gains or confiscation of property is to be given

1) Engaging in monopoly or monopoly goods or other restricted items as provided for by laws and administrative regulations without permission;

2) Buying and selling import and export licenses, import and export certificates of origin, and other business licenses or approval documents provided for by laws and administrative regulations;

3) Illegally operating **, **, or insurance business without the approval of the relevant competent state departments, or illegally engaging in fund payment and settlement business;

4) Other illegal business activities that seriously disrupt market order.

The above is only the current information combined with my understanding of the law, please refer to it carefully!

If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.

3. The illegal nature of "mining" activities.

Virtual currency "mining" activities have been included in the elimination category of the "Industrial Structure Adjustment Guidance Catalogue" (2019 version), which belongs to the category of "backward production process equipment". Virtual currency "mining" activities violate laws and regulations such as the Civil Code of the People's Republic of China, the Law of the People's Republic of China on the Promotion of Circular Economy (2018 Amendment), and the Energy Conservation Law of the People's Republic of China.

1) Article 9 of the Civil Code of the People's Republic of China: Civil entities engaging in civil activities shall be conducive to the conservation of resources and the protection of the ecological environment.

2) Article 50 of the Law of the People's Republic of China on the Promotion of Circular Economy (2018 Amendment): The production and sale of products and equipment included in the elimination list shall be punished in accordance with the provisions of the Product Quality Law of the People's Republic of China. The use of technology, technology, equipment and materials included in the elimination list shall be ordered to stop using by the comprehensive management department of the local people's circular economy development at or above the county level, confiscate the equipment and materials used illegally, and impose a fine of not less than 50,000 yuan but not more than 200,000 yuan; If the circumstances are serious, the comprehensive management department of the people's circular economy development at or above the county level shall put forward opinions and report to the people at the same level in accordance with the authority specified in the regulations to order the suspension or closure of business.

3) Article 71 of the Energy Conservation Law of the People's Republic of China: If the energy-using equipment or production process eliminated by the state is used, the department in charge of energy conservation shall order it to stop using it and confiscate the energy-using equipment eliminated by the state; If the circumstances are serious, the department in charge of energy conservation work can put forward opinions and report to the people at the same level in accordance with the authority specified in the regulations to order the suspension of business for rectification or closure.

Violate the law. The law stipulates that mineral resources belong to the state, and it is forbidden for any organization or individual to use any means to occupy or destroy mineral resources. If you want to mine it.

It is necessary to obtain a legal qualification and to apply for a mining license in accordance with the procedure, and to obtain the right to mine before it can be mined. If you mine without permission, you will be punished accordingly.

[Legal Analysis].

In accordance with the relevant laws and regulations, in violation of the provisions of the Mineral Resources Law, mining without obtaining a mining license or entering a mining area planned by the state, unauthorized mining of mining areas of great value to the national economy and other people's mining areas, or unauthorized mining of specific minerals for protective mining as stipulated by the state, ordered to stop mining, refusal to stop mining, resulting in the loss of mineral resources of more than 50,000 yuan but not more than 100,000 yuan, criminal responsibility shall be investigated in accordance with law. 1. Mining mineral resources without obtaining a mining license. 2. Continuing to exploit mineral resources after the mining license has been revoked or revoked.

3. Mining of mineral resources outside the mining area specified in the mining license. 4. Mining of mineral resources not in accordance with the provisions of the mining license. 5. Other circumstances of mining mineral resources without obtaining a mining license.

During the period of suspension of the mining license in accordance with the law, unauthorized mining shall be regarded as "mining without obtaining a mining license" as stipulated in this article. The amount of damage caused to mineral resources shall be determined by the assessment conclusion issued by the competent department of geology and mineral resources at or above the provincial level.

[Legal basis].

Article 39 of the Mineral Resources Law of the People's Republic of China Whoever, in violation of the provisions of this Law, mines 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 also be fined; 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.

Article 45 The administrative penalties provided for in Articles 39, 40 and 42 of this Law shall be decided by the departments responsible for the management of geology and mineral resources of the people's governments at or above the county level in accordance with the authority prescribed by the competent departments of geology and mineral resources.

Article 43 The administrative punishment provided for in Article 43 shall be decided by the people's ** administrative department for industry and commerce at or above the county level.

The administrative penalties provided for in Article 44 shall be decided by the competent departments of geology and mineral resources of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government. The penalty of revocation of exploration permit or mining license shall be decided by the original licensing authority. In accordance with the provisions of Article 39, Article 40, Article 42 and Article 44, if an administrative penalty is not given, the competent department of geology and mineral resources of the people's department at a higher level has the right to order corrections or directly give administrative punishment.

The mineral country has laws and regulations that protect it and prohibits indiscriminate mining, so without the approval of the national mineral authority, it is not allowed to mine indiscriminately to obtain a mining certificate, so it is illegal to mine at will. Please comply.

Hello, it's a pleasure to answer for you.

It is illegal and cannot participate in mining.

The Notice clarifies that virtual currency does not have the same legal status as legal tender, and virtual currency-related business activities are illegal financial activities.

In September this year, the People's Bank of China and other ten departments issued the "Notice on Further Preventing and Handling the Risk of Speculation in Virtual Currency Transactions". It is clearly pointed out that virtual currency-related businesses such as virtual currency exchange, buying and selling virtual currency as a counterparty, providing matching services for virtual currency transactions, token issuance and financing, and virtual currency derivatives trading are all illegal financial activities and are strictly prohibited and resolutely banned in accordance with the law; Overseas virtual currency exchanges providing services to residents in China through the Internet are also illegal financial activities.

There are legal risks associated with participating in virtual currency investment trading activities. If any legal person, unincorporated organization or natural person invests in virtual currency and related derivatives in violation of public order and good customs, the relevant civil legal acts shall be invalid, and the losses arising therefrom shall be borne by them; Where it is suspected of undermining financial order or endangering financial security, the relevant departments shall investigate and deal with it in accordance with law.

At present, the use and trading of counterfeit currencies are being cracked down on at the national level, and this kind of mining behavior is very risky.

Questions. What if in China home mining is the sentence?

There is no clear punishment yet, and it is mainly discouraged at present. Following the illegal characterization of virtual currency transactions, the purge of Chinese regulators is still escalating and improving judicial guidance documents. The public procuratorate and law enforcement organs are conducting research on virtual currency exchanges and "mining" and other related situations, exploring specific paths for conviction and sentencing, and it is expected that relevant judicial interpretations will be issued in due course.

It is a violation of laws and disciplines, because some small mining companies also have laws and regulations to strictly prohibit it, not to mention that you are private mining, and it is conceivable that you break the law. Please refer to it!

Mining is not illegal, you don't pay electricity bills are illegal, buy mining machines without paying taxes are illegal, and then come to the production and operation process of mining to see if it is illegal, such as your mine's fire prevention, fire protection, equipment quality certification, safety and environmental protection system, whether there is a violation of safety norms and environmental protection A series of production regulations, if all the procedures in the mine are complete, even if you require relocation, you need to give relocation compensation, everyone understands, pedantic people don't need more than words, one more word is nonsense.

If you get the permission of the relevant state departments, you will not break the law, but if you do not, you will be breaking the law.

1.Mining is not illegal: First of all, it is necessary to make it clear that mining is not illegal, and the criminal law does not clearly stipulate that mining is illegal! However, due to high energy consumption, it is not recommended!

2.The industry is not one-size-fits-all: the document names Bitcoin, not the entire cryptocurrency industry. The wording of the document is to crack down, not to prohibit. The explanation is not one-size-fits-all, but for mining pools with financial risks, high energy consumption, money laundering and other behaviors.

3.Encourage green technology: The document clearly states that Bitcoin is a waste of energy-intensive resources, but at the same time encourages investment and financing behaviors that follow green concepts.

FIL, Chia, and Bzz provide green solutions without impact, which is why Bitcoin mining is named, and why not write to crack down on all digital currency mining. So the next Chinese bitcoin mining people will either go abroad or switch to hard disk mining like fil!

4.It is not allowed to grab the status of digital yuan: Bitcoin is a peer-to-peer cash payment system, its role is payment, it is a digital currency, and the conflict with the digital name currency must be cracked down. The storage category and the real blockchain landing technology will be developed against the trend.

5.Closure of mining farms: Bitcoin mining consumes a lot of energy, has no actual output, and deviates from the goal of carbon neutrality, and all mining farms in China under the guise of high-tech may be administratively forced to close, but it will not affect individuals and studios.

6.Frozen transactions: Digital currencies such as bitcoin traded in fiat currencies endanger financial security, and banks will conduct a comprehensive investigation of suspicious accounts and find large amounts or transactions"c2c"Brokers, take control measures immediately and report daily, USDT merchants may face freezing at any time in the future, and individual players may also face freezing after a large amount!

7.Closure of exchanges: Bitcoin trading platforms that provide contracts and trading services to domestic users are suspected of illegal business operations and will be severely cracked down on by the public security department and Interpol. For example, exchange contracts such as matcha and Huobi may stop being available to domestic users.

8.Strictly investigate money laundering channels: Strictly investigate and deal with the so-called provision of overseas virtual currency trading platforms"Return route"and other IDC service providers.

About the mining finally: low-key mining for self-owned funds to buy mining machines, no fundraising, no speculation, no financial products will not be affected; For cloud computing centers, big data centers, and compliant mines, if the procedures for electricity, energy use, approval and filing, environmental protection and fire protection are complete, as long as the legal operation does not evade taxes, whether to accept or allow it is up to the local government to decide whether to accept or allow it according to the energy consumption index, land index, etc.; Thermal power mines are hanging, mainly because of energy consumption and carbon emissions.

It mainly depends on whether legal procedures are taken for mining, and if it violates the law, mines without obtaining a mining license, and causes damage to mineral resources, it shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and/or a fine. Determination of the crime of illegal mining:

a) Boundaries with the crime of destructive mining.

Distinguishing the boundaries between this crime and the crime of destructive mining:

The main difference between the two crimes is in the objective characteristics: the crime of illegal mining is the illegal mining carried out without a license in violation of the Mineral Resources Law, or the act of entering the mining area planned by the state, the mining area of great value to the national economy and the mining area of others, or the mining of specific minerals that the state stipulates for protective mining, while the crime of destructive mining is the act of exploiting mineral resources by destructive mining methods in violation of the provisions of the Mineral Resources Law on the premise of holding a mining license.

2) The boundary between the crime of major liability accident and the crime of safety liability accident.

The boundary between the crime of illegal mining and the crime of major liability accident and the crime of major labor safety liability accident:

Illegal mining is due to the mining units or individuals do not meet the mining conditions stipulated by the state and carry out the mining of mineral resources without issuing a license, usually lack certain technical equipment and scientific management, therefore, the illegal mining process is often accompanied by major liability accidents and major safety liability accidents.

[Legal basis].Article 343 of the Criminal Law of the People's Republic of China Whoever violates the provisions of the Mineral Resources Law by mining without obtaining a mining license, enters a mining area planned by the State, a mining area of great value to the national economy and the mining area of another person without authorization, and exploits a specific mineral species that is subject to protective mining as prescribed by the State without authorization, and refuses to stop mining after being ordered to stop mining, causing damage to mineral resources, shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release, and/or a fine; and where serious damage to mineral resources is caused, a sentence of between three and seven years imprisonment and a concurrent fine is to be given.