Sea sand is widely distributed in China and is an important marine mineral resource second only to oil and natural gas. Illegal exploitation of sea sand not only seriously damages the marine ecological environment, disrupts the market economic order, but also brings hidden dangers to the quality of the project, which is bound to be severely cracked down. Recently, five people, including Liu Mooming, who was prosecuted by Guannan County Procuratorate, were sentenced by the court in the case of criminal incidental civil public interest litigation for illegal mining. On February 13,
2022, the defendant Liu Mou-ming, in order to obtain illegal interests, instructed the defendants Liu Mou-qin and Liu Mou-ya to lead crew members Zhang Mou-shan, Leng Mou-cheng and He Mou-zhang to steal sea sand in the waters near Weihai, Shandong Province, through the intermediary of the defendants Xu Mou-you and Hu Mou-yi, without obtaining the Shandong Sea Area Use Certificate and Mining License. Houhai sand was seized by the marine police when it was transported to Guanhekou, Lianyungang. On October 25, 2022, the case was transferred to Guannan County Procuratorate for examination and prosecution.
After examination, it was found that from February 13 to 18, 2022, Liu Mooming and others illegally mined 3133.12 tons of sea sand, with an illegal income of more than 260000 yuan. Captain Liu Mouqin is the daughter of Liu Mooming, who is responsible for sailing and directing the crew to work; Liu Mouya is the son of Liu Mooming, who is responsible for telephone contact and operating excavators; crew member Zhang Moushan is responsible for cooking and cleaning; crew member Leng Moucheng is responsible for carrying cables and anchoring; crew member He Mouzhang is responsible for operating the machinery in the engine room, and the crew members are all relatives of Liu Mooming.
In view of the characteristics of gang crime linked by blood relationship, the procuratorial organs use the mechanism of integration of criminal and civil cases, take advantage of the opportunity of signing a letter of confession and punishment with each defendant, explain the law, reason and criticize the education of each defendant respectively, fully explain the legal policy of lenient system of confession and punishment, and urge all five defendants to plead guilty. And voluntarily pay the ecological restoration fund. On November 28, 2022, Guannan County Procuratorate filed a criminal incidental civil public interest lawsuit against Liu Mooming and others suspected of illegal mining according to law. While investigating the criminal responsibility of Liu Mooming and others according to law, it requested the court to order Liu Mooming and other five people to compensate 299000 yuan for the cost of marine ecological environment restoration, and to apologize publicly in the media. On July 14,
2023, Guannan County Court sentenced Liu Mouming and Liu Mouqin to eight months' imprisonment, one year's probation and a fine for the crime of illegal mining; sentenced Liu Mouya, Xu Mouyou and Hu Mouyi to five months' detention, ten months' probation and a fine. All requests for incidental civil public interest litigation are supported.
The prosecutor said:
Mineral resources are non-renewable resources, and illegal exploitation at the expense of mineral resources not only causes serious damage to mineral resources, but also may cause environmental pollution, geological disasters, ecological environment damage, and other problems, seriously threatening the safety of people's lives and property.
At the same time, mineral resources belong to the state, and the ownership of mineral resources is established with the acquisition of mining licenses. Relevant producers and operators should engage in production activities in accordance with state regulations, and the masses should also enhance their awareness of environmental protection, promptly discover and report to relevant departments illegal mining and other illegal and criminal acts that damage the environment and resources, and jointly protect the green mountains and rivers.
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