Legal Issues Study Of Illegal Mining

Mineral resources are the important part of natural resources, and the material basis of human survival. It plays an indispensable role in the development process of human society. On the country, mineral resources are the foundation of economic development, and it is a reflection of a country’s comprehensive strength. On the individual, mineral resources affects all aspects of life. Coal, gasoline, building materials and so on all derived from minerals. Mineral resources are limited, irreplaceable and non-renewable, and these characteristics lead to the confliction between human’s unlimited demand and limited mineral resources. In order to solve this contradiction and realize the sustainable development of the society, our country has promulgated a series of laws on the exploitation and utilization of mineral resources. Attracted by the huge economic interests, however, a variety of excessive exploitations exist widely. And it brings serious harm to the mineral resources. Therefore, the research to this problem is urgent and meaningful.This thesis is based on the latest legislation of the Criminal Law Amendment Eight. By empirical analysis, normative analysis, comparative law, literature research methods, this thesis points out the defects of illegal mining from the legislative view, at the same time, it puts forward the conception of the improvement. Firstly, point out two modifications of illegal mining in the Criminal Law Amendment Eight:the abolition of administration and the change of crime accomplishment standard. In order to point out the theory and the practical significance of the abolition of administration and the change of crime accomplishment standard, a series of problems in the judicial practice of the old law are discussed. Secondly, according to the traditional theory of the Constitution of Crime and the Principle of a Legally Prescribed Punishment for a Specified Crime, the second part of this thesis analyses the Constitution of Crime of illegal mining from four aspects which include the Object of Crime, the Objective Aspects of Crime, the Subject of Crime and the Subjective Aspects of Crime. Some mainstream views and different opinions among scholars that have concerns with these problems in theoretical circle of criminal law are cited introduced. At the same time, the author himself point out some unique insights of these issues. Thirdly, the defects of illegal mining are analyzed. Although the modifications of the Criminal Law Amendment Eight are full of progressive significance, some existing problems are still not solved, such as the lack of illegal mining behaviors have cited and the irrationality of legal punishment setting. At the same time, some new problems arise, such as the confliction between administrative and judicial intervention. And with the comparison of the bootleg felling forest crime, we can find there is lack of a series of corresponding counts that are marched with illegal mining. The systematic protection is needed. Finally, this thesis is concerned with the conception of illegal mining’s perfection. Through adding general provisions of illegal mining behaviors, clearing out the intervention boundary between administrative behavior and the judicial behavior, constructing mineral resources protection system of criminal law, adjusting the legal punishment setting, these problems can be solved.