Illegal Mining

Mineral resources are the material basis of the national economy and social development. They have great significance for comprehensively implementing the scientific concept of development policy and for improving the capacity for sustainable development of our society to establish and maintain the good order of the mineral resources exploitation. As mineral resources are scarce, all kinds of illegal mining happen frequently, so the protection of the mineral resources in the criminal law has important academic significance and current significance.Illegal mining was newly added to the criminal law in 1997.Due to the lack of relevant practice and the limitation of the legislator, the first item of Article 343 on the rules of illegal mining has shown its deficiency in judicial practice, which made a great number of illegal mining and stealing affairs hard to recognize, that is harmful to the foundation of the crime regulation system and the protection of the decreasing mineral resources. This paper analyses these defects one by one,and puts forward the corresponding perfection measures.Full-paper is divided into three parts.In the first part, the paper analyses the crime forming of illegal mining, which maintains that without licences are not necessary condition of the mining without perm issue in some specific (or others') mining areas,or by mining some specific minerals without perm issue. Illegal mining also contain particular subject. The subjective of the illegal mining is only direct intent. This part also makes a distinction between illegal mining and devastating mining and analyses the problem of illegal mining with devastating method. Mining in some forbidden areas should not all be considered as guilty of illegal mining.In the second part, this text analyses these defects of illegal mining. The formulation of illegal mining is ambiguous. The accusal is the summarization of the malefaction, but the accusal of illegal mining can not reveal essential aspect. Illegal mining does not link up the law of mineral resources. Judicial interpretation can not reparation the defects in legislative technology and the regulations of illegal mining. The result of destructing the mineral resources not only in the formulation but also in rationality of legislative facts has defection. Compared illegal mining with banditry and damaging property, we can find that the punishment for illegal mining is very trifling.In the third part, the author puts forward the corresponding perfection measures. These include: on the objective element, neglecting the warning as to stop mining can not abolish from the crime forming. The order of stopping mining must has time, location and target limit. It's reasonable to split the crime of illegal mining according to the different main body and behavior of the undocumented and the unauthorized exploitation.