Research On The Criminal Regulation Of Digging Sand Behavior Illegal Mining In China

With the rapid development of China's economy and society,the supply of sand and stone in the construction of the building has been in short supply,and the price of sand rock has been rising,and the illegal sand mining phenomenon has become more and more rampant.Low cost,high profit and risk of illegal mining,as we have learned in the major rivers and lakes across the country are visible phenomenon of illegal sand mining.The harmful effects of illegal sand mining activities can have a devastating impact on the safety of flood control,ecological safety,navigation safety and public safety.Moreover,the illegal mining of sand is prone to the development of black and evil forces,which seriously disturbs social order and threatens social security and stability.Due to the fact that China's criminal law has little regulation on illegal sand mining behavior,only a small number of judicial interpretations can be used as the basis for illegal sand mining.In the judicial practice in our country,on the behavior of illegal sand mining strike successively experienced mainly on administrative punishment,to explore the applicable criminal law,and then to apply uniform charges the three stages.However,because the channel sand stone is not only the important non-metallic mineral,but also maintain the stability of the river,the ecological balance,and the solid foundation of the embankment,which is a double attribute of sand and stone,which makes the illegal sand mining behavior have the complexity and diversity in many aspects such as the constitutive elements of the crime,and if the illegal mining is applied in accordance with the current judicial interpretation,there may be no proper place for illegal mining.Growing in the criminal law article today,add new charges advice really has its necessity is still questionable.This paper will be divided into four parts:The first part mainly expounds the related criminal law regulation of illegal sand mining behavior and evolution of the situation.Based on the current related regulations of illegal sand mining behavior,this paper analyzes the evolution ofillegal sand mining behavior in the application of law,and reveals the "chaos" in the application of law,and reveals the source and basis of the unified doctrine of crime.The second part is about the "chaos" that has been used in the legal application of illegal sand mining.In combination with specific cases,the cases of different crimes are analyzed,and the crime of illegal sand mining can be affirmed,and the crime of not meeting the constitutive elements is denied.The third part of the argument is to analyze and refute the two different opinions of the unified theory of the crime,and then to make a point.The fourth part of the paper is based on the analysis of the foreplay and the principle of the right crime,and it's a good idea to improve the laws and regulations of the penal code,and to make a suggestion,and to make it more effective in the criminal legal framework to fight the illegal sand.