Criminal Illegal Exploitation Of Sand Behavior Qualitative

In recent years, with the rapid development of economic society and all kinds of infrastructure scale and speed of ascension, there is growing demand for construction market to the sea sand, the sea sand became the demand of the construction market, under the drive of interests, the prohibition lead to illegal sea sand mining activities, not only a threat to Marine ecological environment security, also result a certain destruction to the ecological civilization construction. Some places are exploring through the criminal responsibility shall be investigated for illegal mining sea sand to the curb. But due to limited penalties of administrative rules and regulations of administrative law enforcement personnel, but it’s difficult to eradicate to cope with. At present, some places are exploring through the criminal responsibility shall be investigated for illegal sand mining on its stem, but in terms of criminal law, and not for illegal exploitation of sea sand and make that clear. With reference to the domestic some places with illegal mining crime of illegal mining sea sand is the implementation of criminal punishment, recently, the province has been sentenced to illegal exploitation of sea sand in illegal mining crime shall be investigated for criminal responsibility according to law. But the author thinks that, with that specific crime the criminal responsibility shall be investigated for illegal mining sea sand is not comprehensive enough.Based on alleged illegal sand mining in the area and comparative analysis of the crime of illegal mining is put forward by illegal mining crime criminal responsibility shall be investigated for illegal mining sea sand behavior point of view. Writing of this paper mainly divided into the following three parts:The first part, mainly for illegal mining sea sand behavior of the criminal law theory Angle of view, this part is the study of illegal mining of sea sand behavior problems of the criminal law theory. In this section, the author mainly introduces the illegal criminal object, crime objective aspects of exploitation of sea sand behavior, criminal subject and criminal subjective aspect, and will be into the parts. The second part, from illegal mining sea sand behavior of criminal law status of the processing pattern, in the judicial practice of illegal mining the brief analysis of the main related charges shall be sea sand behavior, and points out that in terms of regulating illegal exploitation of sea sand the limitations of existence in Chinese criminal law; And the judicial practice in our country, put forward by illegal mining in sea sand behavior regulation of embarrassment, and reflect on their, clarify the cause of the problem, and provide a clear legal basis for the next to find a solution.The third part, the author, based on mentioned above, the sea sand illegal mining in our country is put forward for illegal mining crime regulation, and criminal legislation Suggestions and corresponding countermeasures. Specific content with the this article second part carries on, involving to clearly define the circumstances of the crime, severe punishment, and to set up the qualification punishment, perfecting the relevant laws of coordination factors, effectively improve the criminal law of illegal mining of sea sand behavior regulation function, the crime of illegal mining of sea sand behavior effective regulation of criminal law.