Jianchangchang farm has evolved into illegal mining?The "deep pit" of cultivated land must be repaired!

Recently, the prosecutor of the Procuratorate of the Fuling District of Chongqing went to Nanmu Village, Jiaoshi Town, looking at the green tobacco leaves in the reclamation of cultivated land, and it was down -to -earth.

Nanmu Village Walnut Tree Small Fort Mountain is located in the foot of Wuling Mountain. There are many vegetation and sufficient aquatic products. It is a natural farm. The unique conditions made Yuan move. On November 19, 2019, Yuan registered a beef cattle farm, but after the completion of the project filing procedures, the follow -up of various matters was not so fast, and Yuan decided to build the formalities first. Yuan Mou found Tao, and the two sides reached a "two -no -payment agreement": Tao was treated by Tao himself to build a flat venue for built a bull farm. Subsequently, Tao found He Mou and Luo to participate in the construction.

In less than 4 months, Yuan and others mined more than 17,000 tons of stones, with a sales amount of more than 710,000 yuan. At the end of 2020, the local town government discovered that Yuan and others had an illegal mining behavior of digging stones in a range, and transferred clues to public security organs.

After the public security organs filed the case, the Fuling District Procuratorate involved in the investigation in advance, and put forward specific opinions on the collection, extraction, fixation, appraisal, and investigation direction of cases, and the application of laws. On November 8, 2021, the public security organs transferred the case to the Fuling District Procuratorate for review and prosecution.

"I have not sold stones to make a profit!" Yuan insisted that the "two -non -payment agreement" was a contractual contract for the bull farm flat venue project. How should the nature of this protocol be defined? Li Yan surveyed and visited the opinions of all parties, and believed that the mineral resources were owned by the state, and no one was allowed to minimize it at will. Invalid protocol. Subjectively, the expansion of the illegal mining of illegal mining of Yuan and others has expanded 10 times compared to the original bull farm site selection, and it has the intention of illegal mining. Objectively, Yuan coordinated and scheduled on the spot to let Tao and others illegally mining. Therefore, the procuratorate believes that criminal responsibility should be investigated for illegal mining. In the face of strong evidence, Yuan and others took the initiative to acknowledge the facts of the crime and voluntarily pleaded guilty.

The illegal occupation of land is arable land, with an area of ​​nearly 10,000 square meters, and it has been dug 5 meters to 6 meters to the ground to form a huge deep pit. How to repair? After Li Yan's patience, Yuan and others took the initiative to express their willingness to repair the damaged land. Starting from December 8, 2021, the restoration work was carried out in an orderly manner. After 18 days, most arable land was initially reclaimed. Considering that this arable land is not suitable for planting food crops, the Town Government of Jiaoshi has decided to adjust the planting structure and plant tobacco leaves on the land of reclamation.

In the end, the Fuling District Procuratorate filed a public prosecution and criminal civil public interest lawsuit against the four people such as Yuan Mou. In May of this year, the court sentenced four people and other four people to the crime of illegal mining for one year to seven months, each with a fine, and ordered the payment of ecological service functional losses and ecological restoration fees.

(Source: Prosecutor's Daily Author: Zhang Bo Shu Jingting Zhao Huan)

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