Legislation Situation Of Mineral Resources

The new criminal law in China in the specific provisions of the mineral resources

in the specific provisions of crime, crime and legal punishment, which constitute our criminal law to punish the crime of all mineral resources of normative content, become a judicial practice of dealing with mineral resources criminal law basis. Our country criminal law since 1997since the promulgation, in punishment of mineral resources, mineral resources crime prevention crime plays an active role. But we also can see our country criminal legislation of the mineral resources exist some defects and deficiencies, and to some extent influence death are effectively using the criminal law weapon to punish and prevent the crime of mineral resources.

Our country criminal law only set two charges, i.e. the illegal mining crime and crime of destructive mining, their criminal object features are violations of national protection of mineral resources management system; subjective features were deliberately, fault can not constitute a crime; object of crime is the main feature of mineral resources; is general subject, including any with the capacity of criminal responsibility of natural person, including units; but the objective characteristics and punishment have certain distinction. On the other hand, other laws relating to mineral resources criminal norms, among them about mineral resources criminal penalties is mainly embodied in the" law of mineral resources" and" coal law". In order to strengthen the effective protection of mineral products resource, since 1982, China's legislature promulgation of the law of mineral resources, land management law, coal, mine safety law, environmental protection law, the marine environment protection law, law on management of sea area use and other laws, and in 20a number of related regulations and rules, the provinces, autonomous regions, municipality directly under the central government also made relevant local regulations. Has now been established in the constitution as the basis, by the law of mineral resources and related laws and regulations of mineral resources legal system. In 1979 the" criminal law" to the illegal mining behavior and destructive mining law still counts, but in accordance with the provisions of article 156th the deliberate destruction of public or private property crime persons directly responsible shall be investigated for criminal responsibility, criminal law of1997"" that the current criminal law of our country has set up two charges, i.e. the illegal mining crime and crime of destructive mining, also in 2003also issued a judicial interpretation.

The Supreme People's court in 2003May announced the" Supreme People's Court on the trial of illegal and destructive mining, the criminal cases of legal interpretation", the" interpretation" apply from June 3, 2003, on illegal mining and destructive mining the criminalization conditions is described in detail. Judicial interpretation of a total of nine articles, mainly includes three aspects: the first is explicitly stipulates the crime of illegal mining, destructive mining crime constitution condition. The second is clearly defined damaging mineral resources criminal convicted standards. Third is the destructive mining method and causes damage to the mineral resources or serious damage to the amount of identification problem, solve in judicial practice often encountered Evidence Authentication problem. The judicial interpretation of published, to be punished according to law of damaging mineral resources criminal activity, strengthen the protection of mineral resources to execute the law strength, promote the sustainable development of national economy plays a very important role.

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by: nicole

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