| Illegal acts of sand mining,refers to those who mine without a mining license,or mine in forbidden area or ban duration with a mining license.With high speed development of economy,the demand and price of sand are both growing.In the temptation of huge profits,some individuals and units mine sand illegally.The situation of indiscriminate mining is increasing serious day and night which cause series social problems damaging ecological environment.It is usually dealt with these illegal acts by fining or other similar administrative penalty in practice.However the penalty is too slight while the amount of fine is far less than huge profits.There is almost no measure in criminal law in practice.It is hard to punish those offenders who cause the serious consequence.As a result,it is impossible to deter offenders and alert the public.The illegal acts spread widely.In summary,it is necessary to take illegal sand mining into criminal law.It is suggested to regulate crime of illegal sand mining in Chapter?Section6Crime of Undermining Protection of Environment or Resources.It could be added in Article 343: Whoever,in violation of the provisions of the Sand Resources Law,mines without a mining license,or mines in forbidden area or ban duration with a mining license,if the circumstances are serious,shall be sentenced to fixed-term imprisonment of not more than three years,criminal detention or public surveillance and shall also,or shall only,be fined;if the circumstancesare especially serious,he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.It is urgent to fight against illegal sand mining that qualification penalty should be regulated.The aforementioned individuals and units should be disqualified and be prohibited in a term or forever from getting a mining license again.Meanwhile it is important to make the judicial interpretation that defines the severity or other definitions to avoid judicial confusion. |
PDF Full Text Request