The Research On The Legal Control Of Illegal Sand Mining In River In Jiangxi Province

River sand is an important component of mineral resources.It is an important material foundation and support for economic and social development.It is the irreplaceable and indispensable material for infrastructure,roads,bridges,water conservancy,hydropower and other infrastructure construction.The gravel aggregate processed from the mining of river gravel resources is closely related to the survival and development of human society,making river sand the second largest natural resource in China after water consumption.Jiangxi has a developed water system and numerous rivers and lakes.It has five major rivers:Gan,Fu,Xin,Rao,and Xiu,and Poyang Lake,the country's largest freshwater lake.The Yangtze River crosses the border.With its geographical resource advantages,Jiangxi has attracted all walks of life to invest in the exploitation of river sand resources.Due to some deficiencies in the legal governance of sand mining behavior,the illegal cost is too low,and the administrative punishment capacity is limited,and the sand mining can bring huge profits,causing sand miners to ignore the legal discipline and illegal mining,and finally lead to the instability of river channels and riverbeds The deterioration of the aquatic environment and soil erosion has seriously affected the safety of flood control,water supply,irrigation and shipping.Jiangxi Province has adopted many legal governance measures for illegal sand mining in rivers,such as formulating and publicizing local regulations and local government regulations on administrative law enforcement,implementing a responsibility system for administrative law enforcement in river sand mining,establishing a joint law enforcement mechanism,and strengthening administrative law enforcement.Special enforcement actions were carried out.However,there are still some deficiencies in the legal treatment of illegal sand mining in rivers in Jiangxi Province.For example,there are problems with the sand mining license system,the sand mining area is not clearly defined,the funds and law enforcement equipment of law enforcement personnel cannot be guaranteed,and the centralized parking system for sand mining ships and equipment is not perfect.It is difficult to distinguish between villagers stealing and villagers' own use,it is difficult to collect evidence by law enforcement on the surface,there are many anti-investigation methods for suspects,it is difficult to assess the value of sand and gravel,the law of illegal sand mining is difficult to apply,and the requirements and standards for transfer are too high.It is recommended to implement a unified operation and management system for state-owned sand mining companies,determine the period of the mining ban and the mining period,clarify the standards for villagers' "self-use" and "a small amount of sand mining",establish a Jiangxi sand and gravel value and aquatic ecological damage evaluation agency,and crack illegal Difficulties in collecting sand to collect evidence.The research content of this paper is divided into four parts.The first part analyzes the concept of illegal sand mining in rivers,including the analys is of related concepts of illegal sand mining in rivers,and the analys is and demonstration of the legal governance of illegal sand mining in rivers.The second part analyzes the current status of illegal sand mining in rivers in Jiangxi Province.The author analyzes the current status of the implementation of the law governing illegal sand mining in rivers at various prefecture-level cities in Jiangxi Province through investigation.And analysis of the current state of criminal law governance.The third part discusses the problems of administrative law and criminal law governance of river sand illegal mining in Jiangxi Province,and points out the deficiencies and problems of legal governance of river sand illegal mining in Jiangxi province.The fourth part puts forward specific countermeasures and suggestions on the problems of administrative law and criminal law control of illegal sand mining in rivers in Jiangxi Province.Regulating the exploitation of sand and gravel resources in Jiangxi Province and strengthening the legal governance of sand mining in rivers in Jiangxi Province requires continuous evaluation and research on the legislation of sand mining in rivers in Jiangxi to continuously improve the quality of legislation.