Some Problems Illegal Mining Crime

Mineral resources are an important strategic resource, the basic national conditions of China's mineral resources is not optimistic about the state of crime grim mineral resources,not only damage to mineral resources, but should send environmental pollution, ecological damage and even geological disasters landslides, mudslides and other social impacts very poor. Illegal mining is an important crime charges of criminal law protection of mineral resources, in order to better applied to practice, I consider it necessary to examine them.The first part,from the present situation and characteristics of China's mineral resources analysis to understand the specific situation of China's mineral resources, mineral resources,rampant crime analysis reasons are multiple, both task imperfect enforcement mechanisms,law enforcement agencies of the heavy and difficult to pursue legal responsibilities, also includes people profiteering reasons for non-compliance. Then legislation evolution of mineral resources, to understand, and the status of legislation of illegal mining crime-depth analysis.The second part, the representative of the State were selected from common law and civil law against illegal mining and other related charges of regulation were analyzed, to extract suitable for our country, our country can learn from useful place.The third part, for the crime of illegal mining of existing criminal legislation, from a combination of theory and practice, this paper analyzes the problems of illegal mining crime exist,including the object is unclear,guilt describe chaos,specific circumstances unclear,penalties Configuration misconduct, lack of mineral resources protection system and other issues.The fourth part, from the perspective of judicial practice, the distinction between thejudicial practice for several crimes prone to problems, Accomplice, as well as charges,combining the criminal law theory to analyze the problem, put forward their views.The fifth part, from the above part of the analysis of the problem, combined with China's reality, proposes to determine the object of the crime of illegal mining access system for the country, for the simple adjustment guilt guilt, criminal law protection system constructed of mineral resources, specifically "serious cases" and "plot particularly serious" situation, perfect penalty configuration is reasonable, practical recommendations.