On February 17, a transport vehicle filled with sand and gravel in Shendingshan Town, Miluo City, Hunan Province, was found turning out of a rural trail during its daily unannounced inspection. Law enforcement officers tracked all the way and finally found an illegal sand mining site at the foot of Shendingshan Temple in Shendingshan Town. There are 1 sand excavator and 5 sand transport vehicles on the site.
The office immediately joined the Shendingshan Town Government, the Natural Resources Bureau, the Public Security Bureau and other departments to control the person involved, Fu Mou (male, Shendingshan Village Temple Group), and seized the excavator involved, successfully solving an illegal sand mining case.
At present, the case has been transferred to the natural resources department for handling, 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:
Mineral resources belong to the state, and the State Council exercises the state ownership of mineral resources. State ownership of mineral resources, either near the earth's surface or underground, shall not change with the ownership or right to the use of the land which the mineral resources are attached to.
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 a mining area that is embraced in State planning, a mining area that is of great value to the national economy, or another person's mining area, Or mining specified minerals of which protective mining is prescribed by the State without authorization, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also, or shall only, be fined; 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 by destructive methods, thus causing serious damage to the mineral resources, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined.
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