Research On The Criminal Responsibility Of Digging Sand Behavior Illegal Mining

With the rapid development of the coastal city construction in China, more and more engineering need as the filling sea sand, sea sand makes the economic value of soaring. At the same time, sea sand as basic elements of the marine ecological environment, not only can provide reproduction and shelter for marine organisms, but also slow down the impact of the waves on the coast, has important ecological value. However, driven by econom. However, driven by economic interests, illegal sand dredging behavior shows rampant trend, not only a serious violation of the state ownership of mineral resources, causing economic losses, but also disrupt the country’s exploitation of marine resources and management order, and serious damage to the marine environment, social harm.However, in the face of serious illegal sand dredging behavior, the current criminal law is difficult to effectively regulate and punish. The cause of the plight of the whole can be divided into two categories, on the one hand, there is a deviation in the traditional criminal legislation and judicial philosophy, by inland traditional cultural influences, the criminal legislation of our country for a long time to protect the land environment, legislation to protect the marine environment and resources ignored. With the lag of criminal legislation and judicial ideas, because the degree of attention behavior of harm to the marine environment and marine resources protection is not enough, resulting in judicial practice on the destruction of the marine environment, the illegal exploitation of marine resources and other harmful behavior can not accurately qualitative. On the other hand, the current criminal law in punishing illegal sand dredging behavior exists in the nature of dislocation, distinguish the sand, this crime and other crimes are controversial, not accurate conviction and sentencing.This paper is divided into three parts, the first part from the whole of illegal sand dredging behavior are summarized firstly, combined with the relevant provisions of digging sand mining in the current law of our country, the definition of reverse push illegal export of sand dredging behavior. Secondly, through the list of actual cases to the current domestic status of illegal sand mining behavior. Again, in this paper, through five aspects to reflect the social harmfulness of illegal sand dredging behavior. The second part describes the current criminal law to deal with illegal sand dredging behavior dilemma, mainly manifested in two aspects:one is the deviation existing in the criminal legislation of judicial concept, two criminal punishment has the dislocation in the conviction and sentencing, which led to some serious cases of illegal sand dredging cases have not been investigated for criminal responsibility, or easily have the same crime different judicial embarrassment convicted. In the third part, on the basis of the above, according to the current criminal law to deal with illegal sand dredging behavior predicament to sort out, put forward to curb illegal sand mining behavior accurately, criminally countermeasures and-suggestions. On the one hand, it should be in our existing criminal legislation, establish the concept of rational reconstruction of criminal justice legislation, in line with the status quo of marine environmental protection of the criminal policy; on the other hand, in strict accordance with the theory of constitution of crime, the criminal punishment to the crime of illegal mining construction as the center of the penalty system, the smooth criminal responsibility of illegal sand dredging human behavior.