According to the provisions of the Anti-Mineral Resources Law, anyone who, without obtaining a mining license, enters a state-planned mining area, a mining area of great value to the national economy or another person's mining area for mining, or mines a specific mineral subject to protective mining as stipulated 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, 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.
First, the current basic situation of river sand mining management
River sand is an integral part of river bed; From 65438 to 0988, the State Council promulgated the Regulation on River Management. The Regulation on River Management entrusts the water administrative department with the management function of river sand mining. In 2002, the newly revised Water Law of China stipulated that "the state shall implement the sand mining permit system" and authorized the State Council to formulate the implementation measures of the sand mining permit system. At present, the "Measures for the Implementation of River Sand Mining Permit System" in the State Council has not yet been promulgated.
River sand also has the attribute of mineral resources. "Mineral resources refer to the solid, liquid and gaseous natural resources that are formed by geological processes and have utilization value". Is river sand a mineral resource? According to the detailed classification of mineral resources attached to the Detailed Rules for the Implementation of the Mineral Resources Law, river sand belongs to construction sand or cement batching sand in non-metallic minerals.
River sand has the dual attributes of river bed composition and national mineral resources, which determines the overlap and dual attributes of management regulations and management systems. Over the years, owners of river sand mining have to apply for two certificates of river sand mining license and mining license, and pay sand mining management fees and mineral resources compensation fees. According to the relevant provisions of the Notice of the Ministry of Finance of State Taxation Administration of The People's Republic of China on Comprehensively Promoting the Reform of Resource Tax (Cai Shui [20 16] No.53), from July16, the compensation rate for mineral resources will be zero, that is, the compensation fee will no longer be levied, and the resource tax will be levied instead. In April of 20 17, the Ministry of Finance issued the Notice on Clearing and Regulating a Batch of Administrative Fees, requiring the national water conservancy departments to stop collecting management fees for river sand mining, including fees for sand resources in the Yangtze River, from April of 20 17. It can be seen that the administrative fees related to river sand mining have been completely stopped.
legal ground
Article 225 of the Criminal Law of People's Republic of China (PRC), in violation of state regulations, commits one of the following illegal business operations, disrupting market order, and if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also, or shall only, be fined not less than one time but not more than five times the illegal income; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years, and shall also be fined not less than one time but not more than five times for illegal gains or confiscation of property:
(a) operating a franchise or monopoly commodity or other commodities whose operation is restricted by laws and administrative regulations without permission;
(2) buying and selling import and export licenses, import and export certificates of origin and other business licenses or approval documents stipulated by laws and administrative regulations;
(three) without the approval of the relevant competent departments of the state, illegally engaged in securities, futures, insurance business, or illegally engaged in fund payment and settlement business;
(four) other illegal business activities that seriously disrupt the market order.