How to determine illegal mining?Listen to what the participating experts say

On August 16, the Symposium on Illegal Mining was held in Beijing. The participating experts fully discussed the hot, difficult, and pain points of illegal mining crimes from different perspectives.

"Illegal mining crime" is a crime of high mining with high professional requirements, and is known as "the first crime of mining torture". In judicial practice, the legal and illegal, ore and non -mine, crime and non -crime of crime, lightness and crime of crime and crime of mining, sin and non -crime, and the criticism of laws are large. The agency has a trend of abuse of this crime, and it is urgent to study in -depth research.

Participating experts believed that although Article 343 of the Criminal Law and relevant judicial interpretations made principled provisions on the crime, there are still many different views and disputes in the process of legal theory and judicial practice. Illegal mining mining, illegal mining The system logic of sin is incomplete.

Especially at present, in order to improve the capacity of mineral resources, the country will increase the exploration and development of domestic scarce mineral resources. In the context of the continuous advancement of ecological civilization construction and ecological environmental protection. The relationship between the time will become the focus of the future. Recently, the Supreme People's Court issued the "Opinions on Giving full play to the role of the function of environmental resources to punish the crime of stolen mineral resources in accordance with the law". Pay attention to.

Perspective

Professor Li Xiandong, director of the Land and Resources Research Center of China University of Political Science and Law, cut in from the theory of civil law and demonstrates the nature of mining disputes. It is believed that the nature of the mining contract has the nature of administrative contracts and civil contracts. He believes that the crime of illegal mining must be defined from three aspects: criminal violations, social harm, and punitive receivability.

Ren Hui, deputy secretary of the Party Committee and Deputy Director of the General Administration of Coal Geology, said that the crime of illegal mining is the embodiment of legal issues in the development and utilization process of mineral resources. There are many departments involving mining administration management and complicated laws and regulations. He discussed in detail from the four aspects of illegal mining phenomena, reasons, results, and solutions.

Lawyer Luan Zhengming, founding partner of Beijing Yuren Law Firm, started with the evolution of the judicial interpretation of mining crimes. He believes that illegal mining crimes should follow the principle of crime and punishment. Defense more precisely.

Zhao Laiping, editor -in -chief of China Mining News Agency, said that journalists must fully safeguard the interests of mining owners when reporting the news of illegal mining cases, but also adhere to the position of mineral resources for all their positions.

Chen Yuqing, Secretary -General of China Mineral Resources and Materials Application Innovation Platform, said that illegal mining has put relevant enterprises in a very passive position, but it also reflects the problems of Chinese mining administration management from a deeper level. The scope of the scope of mining areas to break the geological law of naturally forming minerals will cause a series of issues of cross -border mining, supervision, and even malfeasance.

Cao Xusheng, director of the Mineral Resources Legal Affairs Center of Beijing Jingshi Law Firm, believes that in the conference summary that in the process of handling illegal mining cases, relevant units should follow the legal rights and interests of the state and mineral owners, and should follow the natural and economic laws of mining; While protecting the environment, we should take into account the protection of national mineral energy security. The illegal mining crime seminar, as an important platform for suggestions to the government, should continue to exchang and explore the relevant government departments, industry associations, mining industry, law and academic circles, and practical circles to jointly promote the high -quality development of the rule of law in China's mining industry.

The participating experts fully discussed the hot spots, difficulties, and pain points of illegal mining crimes from different angles. The crime of illegal mining would cause very serious consequences to the enterprise. The judicial authority should be prudently treated with the identification of the crime. Lawyers, geological experts, mining majors, evaluation experts and other multi -industry cross -border cooperation are more conducive to find out the facts and solve problems.

From China University of Political Science and Law, China Coal Geological Administration, China Mining News, China Mineral Resources and Material Application Innovation Platform, China Coal Geological Group, China Gold Group Co., Ltd., Beijing Yuren Law Firm, China Gold News, China Enterprise News, China Enterprise News More than 30 experts from the China Economic Times and other units participated in the meeting and exchanged them. The meeting simultaneously conducted public welfare live broadcasts for the whole society.

The meeting was jointly initiated by the Chinese Academy of Engineering's Mining Law Modernary, the Secretariat of the China Mining Rule of Law Summit, the Secretariat of the 30th National Mining Lawyers Forum, the Mining People ’s Congress, the Beijing Jingshi Law Firm, and the Cao Xu Sheng mining lawyer team and other units.

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