Illegal Mining

Mineral resources are important strategic resources of a country. Thecurrent status of domestic mineral resources allows of no optimist.Meanwhile, crimes of mineral resources in China is severe, not only causedthe destruction of the mineral resources, but also lead to environmentalpollution, farmland destruction, even landslides, mudslides and othergeological disasters, social impact is very abominable. To maintain thesustainable development of society, it is necessary to strengthen theprotection of mineral resources. Illegal mining is an important crime ofChina’s criminal law in protection of mineral resources, which oftenapplicate to the judicial practice. As the crime of illegal mining is justmodified by recently passed Criminal Law Amendment(h), for betterapplication in practice, I believe that need to be studied.Part Ⅰ, introduce the legislation of the crime of illegal mining,especially the modification of this crime carried by Criminal LawAmendment (h).Part Ⅱ,a detailed analysis of the crime of illegal miningcomposition. Summarizes the scholars treaties for the crime of illegalmining, and made my own views. Including, the object of the crime ofillegal mining is the order of state administration to mineral resources;the crime of illegal mining is of administrative violations, and there is a parallel relationship between the three specific acts; the subjectiveaspect of the crime of illegal mining can only be direct intentional.Part Ⅲ,is starting from a practical perspective, and probes theproblems of crime accomplishment of the crime of illegal mining,especially the factors impacts the identification of gross violation, andgives a contrast of the similar charges such as the crime of destructivemining, the crime of intentional property destruction, crime of majorliability accident, the crime of major security leak.In the part ofidentification the number of crime, mainly to discuss the destructivemining method used to exploit the mineral resources, as well as theoccurrence of the occupation of agricultural land, the destruction oftrees, the major liability accident or major security leak, theenvironmental pollution, and cases etc. happened in the process ofillegal mining, how to identify the number of crime.Part Ⅳ, probes the theory of China’s mineral resources legislationfrom the modifications, discusses the limitations of anthropocentrism andnon-anthropocentrism, clearly states that China should adhere to thetheory of sustainable development legislation. And give some suggestionson better legislation of crime of illegal mining.