On The Judicial Determination Of The’gravity Of The Circumstances’ In The Crime Of Illegal Ming

In recent years, the illegal mining is becoming more and more serious, because of illegall mining led to mine, debris flow, landslide accident almost daily staged, causing serious damage to the country and the people’s property, life safety. The amendments to the criminal law in February 25, 2011, the NPC Standing Committee voted through the "(eight)", the "criminal law" article 343 rd was amended, shows that China’s attention to the phenomenon of illegal mining and determined to strike the crime. The new law than the old method to reduce the threshold for conviction, but what is "serious" at present there is no relevant legal provisions or judicial interpretation, this has brought the dispute to the judicial practice. This paper is divided into three parts of illegal mining crime "serious" judicial recognizance is discussed.The first part legislation on the crime of illegal mining is analyzed, based on the analysis of the illegal mining crime "serious" is the fifth elements "is not complete".The second part on the crime of illegal mining in "serious" judicial dilemma discussed. Points out that the existing judicial interpretation can not apply the practical difficulties in the new article 343 rd of the criminal law and the crime of illegal mining in "serious" judicial directly.The third part on the crime of illegal mining in "serious" judicial cognizance of ideas: one is the crime of illegal mining in "serious" judicial recognizance method; the two is illegal mining crime in the judicial determination of "serious" problems should be paid attention to; the thind is the crime of illegal mining in "serious" judicial cognizance standard.