Mineral Resources, The Protection Of Criminal Legislation

Currently, our country's mineral resources crime is serious.Exploiting without permission is not only making the country huge economic losses, but also causing serious damage to human survival environment.This is serious threat to China's economic and social sustainable development. Since the 1980's, the criminal legislation of mineral resources crime in China issue gradually get the government's attention, the 1997 criminal law firstly regulate illegal mining sin and destructive mining sin, and the regulation of unit mining crime. From then on,mineral resources crime has been gradually established in the criminal law system, in order to strengthen the protecting of mineral resources.But the mineral resources crime has not get effective control. The mineral resources crime has the characteristics of latent and long-term etc, and the pitfalls of criminal law, this paper intend to research from four parts : present legislation of mineral resources criminal, the legislation defects, and legislation improvement.The author hope that this paper can play a role of theoretical and judicial practice.In the first chapter,the author discusses the utilization of mineral resource situation, analyses the serious situation of wasting, damaging mineral resources in mineral resources ,which leading to people's lives and health threat.This explains that the criminal law intervening minerals resource protection is necessary. On this basis, it is further from the angle of ecological ethics and the call of sustainable development, criminal law's security function, analyzes the criminal law playing the irreplaceable role on protecting mineral resources.The second chapter presents the mineral resources crime criminal legislation history, present situation and legislative defects.This chapter analyzes the legislation idea, charges design, punishment setting, and elaborates the future mineral resources crime criminal legislation should make corresponding adjustments.Chapter three analyzes to America, Japan and Russia's criminal legislation of mineral resources crime,from legislation idea punishment setting etc,disscussesing for criminal legislation of mineral resources crime that should adjust from changing legislation idea, fine punishment, adding qualification penalty punishment, taking example by other countries' legislative experience for reference.The fourth chapter puts forward proposals of how to perfect criminal legislation of mineral resources crime. The author suggests that we should reconstruct constitution of mineral resources crime, add to the potential damage offence to mineral resources crime and related charges, in order to embody the protection of criminal law on mineral resources.