On February 8, the Forest Police Brigade of Yueyang County Public Security Bureau cracked an illegal mining case and arrested criminal suspect Liu Moubing (male, 53 years old, from Kouzhen, Yueyang County), Liu Mouchun (male, 44 years old, from Kouzhen, Yueyang County), Liu Mouwu (male, 65 years old, from Kouzhen, Yueyang County). It has successfully eliminated a criminal gang that illegally exploited national mineral resources and destroyed the ecological environment, and effectively played the role of public security organs in "promoting prevention by fighting and promoting governance by fighting". In mid-January
2023, the staff of Xinqiang River Wetland Park in Yueyang County found that a section of Xinqiang River had abnormal changes through inspection. After on-site verification, it was confirmed that the changes were caused by large-scale illegal mining, and the clues were transferred to the public security organs.
After investigation, Liu Moubing, Liu Mouchun and Liu Mouwu, who were located near the Shagang River, took advantage of the New Year's Day holiday to organize excavators and large transport vehicles to dig more than 4000 cubic meters of river sand in the Shagang River without the approval of the river management department and the mineral resources department on the pretext that the house needed to add collective property, and made an illegal profit of more than 300000 yuan. His actions violated the provisions of Article 343 of the Criminal Law of the People's Republic of China and were suspected of illegal mining.
At present, three criminal suspect have been taken criminal compulsory measures by Yueyang County Public Security Bureau on suspicion of illegal mining, and the case is under further investigation. Article 9 of the Constitution of the
People's Republic of China: Mineral resources, waters, forests, mountains, grasslands, unreclaimed land, beaches and other natural resources are owned by the state, that is, by the whole people, with the exception of forests, mountains, grasslands, unreclaimed land and beaches that are owned by collectives in accordance with the law. The state ensures the rational use of natural resources and protects rare animals and plants. It is forbidden for any organization or individual to seize or damage natural resources by any means. Article 3 of the Mineral Resources Law of the
People's Republic of China: The State safeguards the rational development and utilization of mineral resources. Seizing or damaging mineral resources by any means and by any organization or individual shall be prohibited. People's governments at various levels must make serious efforts to protect mineral resources. Anyone who wishes to explore or mine mineral resources shall separately make an application according to law and shall register after obtaining the right of exploration or mining upon approval, with the exception of the mining enterprises that have, in accordance with law, applied for and obtained the right of mining and are conducting exploration within the designated mining area for the purpose of their own production. The State protects the right of exploration and of mining from encroachment and protects the order of production and other work in the mining and exploration areas from interference and disruption. Anyone engaged in prospecting and mining of mineral resources must meet the prescribed qualifications. Article 343 of
the Criminal Law
of the People's Republic of China [Crime of Illegal Mining]; Whoever, in violation of the provisions of the Mineral Resources Law, mines without a mining license, enters and mines without authorization in a mining area that is embraced in State plans, a mining area that is of great value to the national economy or another person's mining area, or mines without authorization specified minerals of which protective mining is prescribed by the State, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance. If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined. Whoever,
in violation of the provisions of the Mineral Resources Law, mines mineral resources in a destructive way and causes serious damage to mineral resources shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined.
浙公网安备33010802003254号