What punishment should be accepted for privately opening mines, and how to convict illegal mining of

Those who open mines without obtaining a mining license shall be ordered to stop mining, and the mined mineral products and illegal gains shall be confiscated, and a fine may be imposed concurrently; Where mining is refused to be stopped, causing damage to mineral resources, the persons directly responsible shall be investigated for criminal responsibility in accordance with the provisions of Article 156 of the Criminal Law.

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 also be fined; Where mining is refused to be stopped, causing damage to mineral resources, the persons directly responsible shall be investigated for criminal responsibility in accordance with the provisions of Article 156 of the Criminal Law.

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.

Detailed Rules for the Implementation of the Mineral Resources Law of the People's Republic of China

Article 42 Where a fine is imposed in accordance with the provisions of Article 39, Article 40, Article 42, Article 43 and Article 44 of the Mineral Resources Law, the following provisions shall be followed:

1) Unauthorized mining without obtaining a mining license, unauthorized entry into the national planning mining area, mining area of great value to the national economy and mining within the scope of other people's mining areas, unauthorized mining of specific minerals for the implementation of protective mining as prescribed by the state, shall be fined less than 50% of the illegal gains;

2) Mining beyond the approved mining area shall be fined not more than 30% of the illegal gains.

Administrative punishment is generally an order to make corrections and a fine to seal up.

1. Before ancient times, it was generally used to fill the army, distribute frontier or labor.

2. After the founding of the People's Republic of China and before the reform and opening up, it was generally shot.

3. After opening, it will gradually become a crime of illegal business, confiscation of illegal gains, and a few years in prison for violating the criminal law.

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. Whoever 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.

1. How to punish illegal mining?

Article 343 of the Criminal Law: Whoever violates the provisions of the Law on Mining and Resources 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, 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.

2. How to punish illegal mining.

Penalties for Illegal Mining:

1. where the circumstances are serious, a sentence of up to three years imprisonment, short-term detention, or a fine is to be given;

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

Illegal mining is an act of violating the provisions of the Mineral Resources Law by mining without obtaining a mining license, entering a state-planned mining area without authorization, which is of great value to the national economy and other mining areas, or exploiting specific minerals that are protected by the state.

3. Will illegal mining confiscate property?

Illegal mining does not confiscate property, but it does result in fines. The law stipulates that whoever violates the provisions of the Mineral Resources Law by mining in mining areas of great value to the national economy or in the mining areas of others without authorization, or by exploiting specific minerals that the state stipulates 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.

Article 343 of the Criminal Law of the People's Republic of China 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. 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.

Legal division and state analysis: mining without obtaining a mining license, unauthorized entry into the national planning mining area, mining areas of great value to the national economy and mining areas of others. or exploiting specific minerals for which the state provides for protective mining without authorization, and the circumstances are serious, shall be sentenced to up to three years imprisonment, short-term detention or controlled release, and/or a fine; where the concealment of the intercourse is 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.

Legal basis: Article 343 of the Criminal Law of the People's Republic of China [Illegal Mining; Destructive Mining] violates the provisions of the Mineral Resources Act.

The crime of illegal mining shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years if the circumstances are serious: 1. Whoever violates the provisions of the Mineral Resources Law in the first paragraph of Article 343 of the Criminal 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, or a mining area within the scope of a mining area where Hui buries others without authorization, and exploits a specific mineral species that the state stipulates for protective mining 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. 2. Article 346 of the Criminal Law Where a unit commits the crimes specified in Articles 338 to 345 of this Section, it shall be fined and the person in charge and other persons directly responsible shall be punished in accordance with the provisions of each article of this Section.

Article 1 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 Article 1 Violations of the provisions of the "Mineral Resources Law of the People's Republic of China", "Water Law of the People's Republic of China" and other laws and administrative regulations on the development, utilization, protection and management of mineral resources shall be found to be "violations of the provisions of the Mineral Resources Law" as provided for in Article 343 of the Criminal Law. Article 2 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 shall be found to be "failure to obtain a mining license" as provided for in the first paragraph of Article 343 of the Criminal Law: 1) Without a license; (2) The license has been cancelled, revoked, or revoked; (3) Exceeding the scope of the mining area or the scope of mining specified in the license; (4) Minerals that exceed the provisions of the license (except for symbiotic and associated minerals); 5) Other circumstances in which a license has not been obtained.