The Research Of Mineral Resources Crime And Its Legislation

Mineral resource is the basis on which human society and economicdevelopment. Condition of protection and utilization of mineral resources concernsthe social economic, political and military security. However, the protection of themineral resources situation is worrying, has affected the construction of ecologicalcivilization in our country and the implementation of the strategy of sustainabledevelopment, damage the environment for human survival. Although China’s criminallaw on the order of mineral resources management, illegal mining and destructiveexploitation of mineral resources for criminal behavior regulation, but manydeficiencies still exist legislation, crime is not a good stem mineral resources. As aresult, the crime theory and legislative practice of mineral resources, the need forcareful study and comb, perfect relevant legislation as soon as possible, use themethod of criminal law to protect the reasonable development and utilization ofmineral resources.Based on the theory of mineral resources in our country crime, the article essayanalysis and discuss foreign mineral resources legislation general situation andcharacteristics. Mining countries such as the United States, Japan, Russia, the criminallegislation of mineral resources is relatively comprehensive, regardless of what crimelegislative model, mineral resources is to protect the mineral resources, conservationand environmental protection for the principle, also provides a special strip miningqualification penalty method and so on, these regulations and the system canreference significance to our country. Mineral resources in our country criminalactivity legislation idea and doesn’t fit the concept of sustainable development; Thepunishment of crime point is low, can’t play against related criminal purposes; Crimecriminal penalties of mineral resources, the setup with ordinary criminal offenses,targeted is not prominent; Relevant criminal crime objective aspects of the request isnot reasonable. Aiming at these deficiencies, this paper puts forward the idea ofcriminal legislation of mineral resources, increase the punishment, perfecting relatedcrime constitution description, add illegal crime of illegal mining rare mineral resources and exploration of the proposal, in order to perfect our criminal legislationof mineral resources, to use punishment method the purpose of protecting mineralresources and the environment.