An Empirical Study On The Criminal Law Of Rare Earth Crimes

Rare earth resources is a kind of strategic resources,and is very important.It is called Industrial mono sodium Gautama.The production,reserves and exports of rare earth resources of China topping the other countries in the world.This should be an important chip for our country to master the voice and the initiative in the international game.However,the development of rare earth is disorder,and the serious illegal mining cause wasting of resources and the destruction of the environment.It is threaten the healthy and sustainable development of rare earth resources.The Laws and regulations on rare earth is backward compare with other country.A large number of illegal and criminal behavior in the process of development of rare earth?Thus,it is more important and urgent to reinforce the research of the criminal law regulation on rare earth and earth and criminal protection of rare earth.The thesis closely around the theme of criminal law regulation on rare earth,according to the idea of putting forward,analysis and solve the problem.The criminal judgments on rare earth of county people's court of Xinfeng from 2010 to 2015 are the breakthrough point of the paper.On this basis,the paper exploits the problem and the reason of the criminal judgments,and then throws out a suggestion toward these problems.The article is divided into four parts,the concept and feature of the rare earth resources is the first part.This raises the concept and feature of rare earth crime.With that,as the second part,to analysis the common features of criminal law regulation on rare earth through the criminal judgments of county people's court of Xinfeng from 2010 to 2015,and then find out the main problems to analysis.Furthermore,this paper probes into the deep-seated reasons for the criminal law regulation of the crime involving rare earth,including the concept,legislation and judicial reasons.Finally,aiming at the deficiencies in our criminal legislation,the crime involving the protection of rare earth judicial situation,to update the concept as the foundation,further discussion from the legislative and judicial aspects,put forward their own opinions or suggestions.