Research On The Current Situation And Legislation Of Crime Of Mineral Resources

Mineral resources as an important strategic resource of our country, has been in a constant state of consumption. In China, there are many serious problems in the exploitation of mineral resources in the process, not only the destruction of the environment, but also seriously affected the local people’s health and safety. Therefore,the author thinks it is necessary to strengthen the mineral resource protection of criminal law, criminal law, through increased efforts to simplify the mineral resources crime procedure, the perfection of the criminal legislation of mineral resources, to curb crime.In recent years, with the development and utilization of mineral resources in Gansu Province, the mineral resources crime problems caused by the increasingly prominent, the mineral resources in Gansu province from the perspective of crime, the crime of mineral resources in Gansu Province as a case study, and look forward to the perfection of the criminal legislation of mineral resources.This paper is divided into five parts, as follows:The first part, the beginning of the article elaborates the present situation of mineral resources crime. In concept, the mineral resources crime features at the same time, analyze the typical cases of mineral resources crime in Gansu Province, discusses the crime of mineral resources in Gansu Province, the background and circumstances. The reason and the detailed analysis of the mineral resources crime, this crime is by a variety of reasons caused by, this paper summarized the existing point of view at the same time, also put forward their own views, and analyzes the reasons for the mineral resources crime from three aspects of economy, geography, legislation.The second part, to explore the mineral resources crime problems. On the basis of China’s criminal legislation of mineral resources crime on the analysis, the composing and characteristics of the article 343 rd of the criminal law the crime of illegal mining and destructive mining crime analysis, crime, and the limit factors of the serious circumstances and crime are discussed.The third part of this paper, on behalf of the countries of continental law system of Germany, Brazil and Russia, on behalf of the Anglo American law system, the author America Australia, makes a careful investigation of these representative national mineral resources legislation, law enforcement and judicial. On the analysis and summary of the countries of continental law system, Anglo American law system countries on the basis of the development of this kind of crime in the criminal legislation, points out the difference between this crime criminal legislation on foreign and our country, but also critically accepted good legislation in each country legislation, looking forward to China’slegislation more perfect.The fourth part, this part put forward at present in China’s criminal legislation shortcoming sat the same time, the amendment to the criminal law(eight) on the content changes with the content, analysis and comparison of punishment(eight) the provisions of amendment made of this kind of crime. Then, for the modification problems still exist for further discussion, put forward their own opinions or suggestions.