A man in Mile City, Yunnan Province, was sentenced for sand mining.

Recently, the People's Procuratorate of Maitreya City, Yunnan Province, filed a public prosecution for the illegal mining case of Zeng. After hearing the case, the People's Court of Maitreya City found the prosecution guilty and adopted the sentencing recommendation. Zeng was convicted of the crime of illegal mining and sentenced to 10 months' imprisonment, one year's probation and a fine of 100,000 yuan. During the period from October to November

2020, the defendant, Zeng Mou-mou, violated the provisions of the Mineral Resources Law and, without obtaining a mining license, exploited sand and gravel on the contracted farmland of Yang Mou-mou, Yucaopo, Gouwai Village, Longtan Village Committee, Zhuyuan Town, Mile City, causing serious damage to the farmland resources. After identification, the mineral resources mined by Zeng are dolomite ores, the quantity of dolomite sand and stone mined is 13382. 70 tons, and the market value of mineral products is RMB. 80 187357. In the course

of

the prosecutor's performance of his duties, the procuratorial organ held that the defendant had violated the laws and regulations on mineral resources, mined sand without obtaining a mining license, and the value of the mineral products mined had reached more than 100000 yuan, which was a serious case, and his behavior constituted the crime of illegal mining, and he should be investigated for criminal responsibility according to law. In view of the fact that the defendant had pleaded guilty and had repaired the cultivated land exploited, he could be treated leniently according to law, so he put forward the above sentencing proposal.

The prosecutor's interpretation of

the law has increased the price of sand and gravel due to the ban on mining, and many lawless elements have focused on illegal sand mining as a "way to make money" in order to make huge profits. Rural land management should abide by laws and regulations, protect the rational development and sustainable use of land resources, even in their own contracted farmland, illegal sand mining may constitute the crime of illegal mining. Article 37 of the Land Administration Law of the

People's Republic of China: Land must be used economically for non-agricultural construction. If wasteland can be used, no cultivated land shall be occupied; if inferior land can be used, no good land shall be occupied.

It is forbidden to occupy cultivated land to build kilns, graves or build houses, dig sand, quarry, mine and collect soil on cultivated land without authorization.

It is forbidden to occupy permanent basic farmland to develop forestry and fruit industry and dig ponds for fish farming. Article 343 of 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 planned by the State, a mining area of great value to the national economy or another person's mining area without authorization, or mines specified minerals for 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. 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.