Study On Environmental Criminal Protection Of The Mineral Resources

Nowadays, how to protect mineral resource safety from the point of criminal is a important problem of our country's sustainable development according to increasingly severe situation of mineral resources and a series of environmental problems generated in the development of mining mineral resource. It is in line with current national ecological construction and the construction of two types of the actual needs of the community, I think using criminal means to protect mineral resource totally satisfy eco-ethics' requirements, and it's more effective than other means in the aspect of protection. It is conducive to protect the miners'personal rights and other rights and further protect the national security and eco-environmental safety, which meet the important issues of sustainable development.This paper further perfects the criminal protection of mineral resources, demonstrates the criminal protection of mineral resources and improves the construction and its specific design. First, the prolegomenon part of this paper briefly introduce the countermeasures, the purposes, the academic background, practical significance and Research Status and summarizes the main research content of the topics. Second, the paper has analyzed the present situation of China's mineral resources and those existed problems of that environment and resources be destroyed generated in the process of mining mineral resources in our country. Third, the paper studied the current situation of the criminal destroying mineral resources and its characteristics. Fourth, from the point of views such as the ecological balance, national security and sustainable development, the paper study on the meaning and value of using criminal means to protect mineral resources, and expatiate that it is need to use criminal means to protect the mineral resources and perfect the criminal protection of mineral resource. Fifth, the paper analyzes the situation of criminal protection of mineral resources in our country and introduces the historical evolution and the present situation of the criminal legislation of the mineral resources in our country. it analyses the criminal legislation of the mineral resources of Japan, America and Russia and makes the reference summary in penalty, type and imputation. Sixth, by the logical mentality of deduction, using the research method of the real analysis and giving some examples to analyze, the paper analyzes the insufficiency in imputations of the criminal legislation of the mineral resources in our country. It also elaborates from two aspects:the singularity of the penalty and the light penalty of criminal of mineral resources. Then, it analyzes the reasons why there are insufficiencies in the criminal legislation of the mineral resources in our country.At last, combining with our country's fact, The paper points out how to perfect the criminal legislation of the mineral resources in our country, one hand is to set up three imputations. On the other hand, is to complete the criminal penalty from the section of improving legal punishment and diversify the criminal penalty, and to improve the criminal protection system of ocean mineral resources.