| The historical development of the crime of illegal mining has gone through three stages: "legislative draft","accessory Criminal Law" and "legislative perfection",the Infringement Law of illegal mining crime is changing from single economic benefit of mineral resources to both economic value of mineral resources and ecological environment value.There are still some problems in the application of the crime,such as the type of the constitutive elements is unclear,the amount of the illegal income is unclear,and the boundary between the crime and the related charges is unclear.As for the specific meaning of "violating the regulations of the Mineral Resources Law",we should make necessary restrictive interpretation to prevent the improper extension of the "Mineral Resources Law",which results in the generalization of the application of penalty.In order to define the behavior of "mining sand and stone in legal project and selling it",we should not only prevent the crime from being explained mechanically,but also prevent the expansion of the purpose of explanation and lead to arbitrary explanation.The value of mineral products and the value of destruction of mineral resources are two different concepts.The rules for determining the value of mineral products should follow the logic of progressive application.At the same time,when determining the price of mineral products,it should be based on the direct loss,combined with the stage of selling and the pattern of criminal behavior,to reasonably determine the price benchmark.The recovery of illegal income is an extra-penalty measure,and its function of regulating crime needs to be further strengthened.The determination of amount should be based on the amount of crime.In order to judge the number of crimes of illegal mining and related crimes,we should apply the theory of coincidence scientifically,make concrete analysis of specific problems,and fully implement the principle of adaptability of crime,responsibility and punishment. |
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