River sand also belongs to a kind of mineral resources, private mining suspected of illegal mining crime. For violation of the relevant provisions, respectively, to pursue their legal responsibility:
1, without obtaining a mining license, unauthorized mining;
2, unauthorized entry into the national planning mining area, the national economy has an important value of the mining area and other people's mining area scope of mining;
3, unauthorized mining of state regulations to implement the protection of the mining of a specific type of minerals.
The main forms of punishment are:
1. Order to stop mining and compensate for losses. Confiscation of minerals extracted and illegal gains, and may also be fined;
2. Refusal to stop mining, causing the destruction of mineral resources or serious damage, will be in accordance with the relevant provisions of the law, constituting the crime of illegal mining shall be sentenced to imprisonment of not less than three years and not more than seven years, and shall be punished by a fine;
3. Violation of the provisions of the law on mineral resources, the use of destructive methods of exploitation of mineral resources, causing the serious damage to mineral resources, constitutes the crime of destructive mining. shall be sentenced to fixed-term imprisonment of not more than five years or detention, and shall be fined.
Mineral resources belong to the state, and the state ownership of mineral resources on the surface or underground does not change depending on the ownership or right of use of the land to which they are attached. The state guarantees the rational exploitation and utilization of mineral resources. It is prohibited for any organization or individual to appropriate or destroy mineral resources by any means. People's governments at all levels must strengthen the protection of mineral resources. Assistance in the investigation of mineral resources must be registered in accordance with the law. The mining of mineral resources must apply for mining rights in accordance with the law. The State protects lawful prospecting and mining rights from infringement, and guarantees that the production and working order in mining areas and exploration operation areas will not be affected or damaged. Mining rights may not be traded, leased or used as collateral.
Article 343 of the Criminal Law of the People's Republic of China shall be sentenced, where the circumstances are serious, to fixed-term imprisonment of not more than three years, criminal detention or control, and a fine or a single fine. control, and a fine or a single fine; where the circumstances are particularly serious, the penalty shall be fixed-term imprisonment of not less than three years and not more than seven years, and a fine.
Answered on 2021-12-13
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Little Dumbo students
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Manually digging sand in the river for your own home use should not be illegal if the quantity is not too much. But if the amount of sand dug is a lot, then it is recommended not to, after all, the river belongs to the state.
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Moonlight One on
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If it is a very small amount, there is no such thing as breaking the law, and if the amount of use is very large, you need to apply for formalities or purchase formalities, otherwise it belongs to the behavior of indiscriminate mining and development.
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If there is no administrative license, then digging sand is illegal. For illegal sand mining by the people's governments at or above the county level, the land administrative department shall order a deadline for correction or governance, and may also impose a fine; constitutes a crime, shall be investigated for criminal responsibility. According to the provisions of the Land Management Law, in violation of land management laws and regulations, the occupation of arable land to build kilns, graves, or unauthorized building on arable land, sand dredging, quarrying, mining, soil extraction, etc., to destroy the planting conditions. Illegal sand mining administrative penalties by the people's governments at or above the county level, the land administrative department shall order a period of time to correct or governance, and may also impose a fine; constitutes a crime, shall be investigated for criminal responsibility according to law. According to the provisions of the Land Administration Law, in violation of land administration laws and regulations, occupying arable land to build kilns, graves or unauthorized building on arable land, sand dredging, quarrying, mining, soil extraction, etc., to destroy the planting conditions. Article 36 of the Land Administration Law. People's governments at all levels shall take measures to guide crop rotation and fallow cultivation in accordance with local conditions, improve the soil, enhance ground strength, maintain drainage and irrigation engineering facilities, and prevent land desertification, salinization, soil erosion and soil pollution. Article 37 of the Land Management Law, non-agricultural construction must economize on the use of land, can be used in the use of wasteland, shall not occupy arable land; can be used in the use of poor land, shall not occupy good land. Prohibit the occupation of arable land to build kilns, graves or unauthorized building on arable land, sand digging, quarrying, mining, soil extraction. It is prohibited to occupy permanent basic farmland to develop forestry and fruit industry and dig ponds to raise fish.
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Artificial dredging of sand in the river for home use is illegal?
It is illegal to manually dredge sand in the river for home use. River sand also belongs to a kind of mineral resources, private mining suspected of illegal mining crime. For violation of the relevant provisions, respectively, to pursue its legal responsibility: 1, did not obtain a mining license, unauthorized mining; 2, unauthorized entry into the national planning mining area, the national economy has an important value of the mining area and other people's mining range mining; 3, unauthorized mining state regulations to implement the protection of the mining of a specific type of minerals. The form of punishment is mainly: 1, ordered to stop mining, compensation for damages. Confiscate the minerals extracted and illegal gains, and may also impose a fine; 2. If you refuse to stop mining and cause the destruction of mineral resources or serious destruction, you will be sentenced to imprisonment of not less than three years and not more than seven years and fined in accordance with the relevant laws, which constitutes the crime of illegal mining; 3. If you violate the provisions of the Mineral Resources Law and adopt destructive mining methods to extract mineral resources, which results in the serious destruction of mineral resources, it constitutes the crime of destructive mining offense. shall be sentenced to imprisonment of not more than five years or criminal detention, and shall be fined. Mineral resources belong to the state, and the state ownership of mineral resources on the surface or underground does not change depending on the ownership or right of use of the land to which they are attached. The State guarantees the rational exploitation and utilization of mineral resources. It is prohibited for any organization or individual to appropriate or destroy mineral resources by any means. People's governments at all levels must strengthen the protection of mineral resources. Assistance in the investigation of mineral resources must be registered in accordance with the law. The mining of mineral resources must apply for mining rights in accordance with the law. The State protects lawful prospecting and mining rights from infringement, and guarantees that the production and working order in mining areas and exploration operation areas will not be affected or damaged. Mining rights may not be traded, leased or used as collateral. Legal basis of the Chinese people's *** and the Criminal Law of the State of China, Article 343 Violation of the provisions of the Mineral Resources Law, mining without obtaining a mining license, unauthorized entry into the state planning mining area,