| Mineral resources are all kinds of minerals that people use for production and life,and are important natural resources.At the same time,they are non-renewable,that is,non-renewable resources,unlike creatures and land that can be recycled in a short time.Resources are also different from inexhaustible resources such as solar energy,wind energy,and tidal energy,and therefore are important public wealth for the country and society.However,due to the limitation of the law and the lack of practical experience,coupled with the unpredictability of the development of the times at the time of legislation,there are still certain deficiencies in the provisions of Article 343 of the Criminal Law on the crime of illegal mining,There are certain deficiencies in the elements of crime and criminal responsibility.At the same time,these problems are also more clearly revealed in judicial practice,resulting in no way to provide more comprehensive protection of mineral resources,unable to effectively and effectively,Conducive to the construction work of protecting mineral resources.In addition,from a criminal law perspective,these deficiencies are not conducive to the construction of a criminal system.In this paper,the crime of illegal mining is selected as a topic.Through various research methods such as inductive analysis,comparative method,and case analysis method,based on the existing research results on illegal mining crime in the academic community,I try to deal with illegal illegal as a whole To sort out and analyze mining crimes,examine the shortcomings and deficiencies of the current criminal law on illegal mining crimes,analyze the legislative status of illegal mining crimes in our criminal law,the problems and reasons for illegal mining crimes in judicial application,and put forward targeted Corresponding improvement measures.In addition,this article attempts to proceed from the current legislative achievements and academic research two paths,briefly summarize the general discussion of the subject,object,subjective and objective aspects of illegal mining crime,and try to put forward some points of view on illegal mining crime and the existing theory And recognition. |