The Standard Sin Research On Crime Of Illegal Mining

Mineral resources are closely related to social development which is human's important asset from nature. At the same mineral resource is non-renewable resources, but demand of it from human production and life has gradually increased. To balance this growing tension between supply and demand and achieve sustainable use of resources, countries around the world are taking legislative measures to standardized management of the mining market. China's "Constitution" provides the State attribute of mineral resources and also have a complete mining administrative legal system, at the same time, "Criminal Law" in Article 343 has made special provisions for serious acts of illegal mining. On the whole, China's mining industry protection laws have formed a relatively complete mode. However, the specific design of the legal system is still lacking which Led to the current illegal phenomenon of mining market is still very serious. Simultaneously wasting of resources, environmental destruction, the abuse of power and so on is all widespread. All of those phenomena have serious impact on sustainable economic development of China's mining plan. This paper focus on Illegal Mining Crime incriminate standard and also discuss the mining related administrative systems which have impact on this crime recognized hoping to complete crime of illegal mining and provide useful ideas for Construction of China's mining administration system which can be efficient, transparent, market orderly, Powerful and sustainable.This article is divided five chapters, press the "problem-solving" mode can be classified into two parts. The first two chapters is questions raised section, first of all, introduce legislative history and values of the crime of illegal mining, based on judicial practice to conclude the legislative defect of this crime, Pointing out the applicability of the crime of illegal mining mainly due to standard of the incriminate is not clear enough. And Analysis the main causes of the phenomenon of illegal mining from administrative systems level, proposing that sin into the standard to determine the crime of illegal mining should comply with the principle of Criminal Law and mining executive power should have a degree of advance and retreat at the same time we should strive to build a market-oriented freely configurable mining market economy. Secondly, Specialized research Illegal Mining Crime incriminate standards, considering that factors identified in this crime focused on the object and objective aspect of crime and briefly describing the dispute in theoretical circles of the crime object of focus and objective aspects, summarizing the crux of disagreement in the process of recognition on constitutive elements of crime. After three chapters is part of solving the problem. Firstly, clarify the legal concept of mineral resources and mining combining of theory and practice; secondly, combine the behavior expression of illegal mining and the object of the crime of illegal mining through the study of the legislative intent of the crime of illegal mining and textual expression; Finally, make discussions on the legislative defect of incriminating circumstances for crime of illegal mining and propose legislative proposals for content of incriminating circumstances and incriminating results identified hoping to boost the integration of the mining legal system by modifying the crime of illegal mining in order to create a harmonious Legal atmosphere for the promotion of mining technology progress and development of mining economic.