Research On Administrative Penalties For Mineral Resources At The Grassroots Level

Along with our country's economic and social development and population growth,the strong demand for mineral resources and the major backbone are increasing contradictions between the shortage of mineral,science and technology revolution and economic globalization,to join the world trade organization(wto)and the changing international mining environment bring new opportunities to the development of mining industry in our country,and puts forward the new challenges.In recent years,the illegal phenomenon of mineral resources has also been on the rise,especially the illegal phenomenon of mining mineral resources without license,mining mineral resources beyond the boundary,transferring mining right illegally,and damaging the environment.These problems need to be solved urgently,and it is urgent to create a good mining environment for mineral resources.Many means to solve the problem of mineral resources in our country,the mineral resources administrative penalty compared with other means to use more direct,more common,and can be directly effective punishment of offenders of mineral resources,put an end to the illegal behavior of mineral resources,maintain the dignity of the good law and safeguard the normal order of mineral resources management,and maintain a good ecological environment is stable,good state property security.Establish a supervision and management system for rational exploitation and utilization of mineral resources and environmental protection.At present,China's mineral resources administrative penalty management has basically formed a relatively complete legal system.But at the same time,we must be clear and objective to recognize that there are still many problems in China's grass-roots mineral resources administrative penalty system.There are major conflicts in the time limit design of penalty procedure;The review system of penalty discretion is not perfect;The penalty coordination mechanism is not running smoothly;The punishment law enforcement management system lags behind;The remedy mechanism of relative person's right is not perfect.Taking shizhu county as an example,this paper deeply analyzes and understands the problems in the mineral resources punishment system,and improves and solves them according to the symptoms.It can not only effectively solve the problems,but also enrich the administrative penalty system of mineral resources in China,which is beneficial to further improve the construction of the administrative penalty system of mineral resources.The paper suggests: first,we should innovate the means of punishment and strengthen the effectiveness of punishment,mainly including strengthening the effectiveness of the existing means of punishment for mineral resources,establishing a blacklist punishment system for the production and operation of mineral resources,and imposing personal punishment for serious violation of legal persons of mineral resources;Secondly,eliminate the conflicts in the design of the time limit of penalty procedure,including eliminating the identification time limit in the punishment time limit and strengthening the identification over-limit accountability.Thirdly,the review procedure of discretion should be supplemented and improved,including the reference system of discretion for mineral resources punishment and the case file evaluation system.Fourth,strengthen the construction of coordination mechanism with other procedures,including the construction of "land police" with public security and the optimization of enforcement cooperation mechanism;Fifth,improve the management system for law enforcement teams,including the access system and management system for law enforcement teams,strengthen the supervision of procedures and norms for law enforcement personnel,and improve the supply management of supporting facilities for law enforcement;Sixth,we should improve the relief mechanism of relative person's rights,including improving the basis of the implementation of hearing procedure and strengthening the right of relative person's procedural time-limitation supervision.In this way,relevant theories and research perspectives of administrative penalty of mineral resources at the grassroots level can be enriched,illegal ACTS of mineral resources can be effectively cracked down and stopped,administrative penalty level of mineral resources at the grassroots level can be improved,and the healthy,stable and sustainable development of mineral resources industry can be promoted.