China News Service, July 8. According to the website of the Supreme People's Court, the Supreme People's Court recently issued the "Opinions on Giving Full Play to the Judicial Function of Environmental Resources and Punishing the Crime of Stealing and Mining Industrial Resources in accordance with the Law".
In order to guide the people's courts at all levels to accurately understand and grasp the spirit and requirements of the judicial document, and to enhance the awareness of the rule of law in the protection of environmental resources in the whole society, the Supreme People's Court issued 10 typical cases of people's courts punishing the crime of stealing and mining resources according to law.
The case is as follows:
1. The case of illegal sand mining by Zhang Moushan and others
2. The case of illegal coal mining by a Shanxi Energy Investment Group Co., Ltd., Chen Mouzhi and others
3. The case of illegal quarrying by Zhang Mousheng and others
4. The case of illegal mining of placer gold by Xie Moujun and others
5. The case of Miao Moulin and Guo Moujing illegally mining rare earths
6. Song Mouyou's illegal sand mining case
7. The illegal mining of peat soil by Wang and others
8. The case of illegal sand mining by Wang Mouzhang, Kang Mouchuan and others
9. The case of illegal gold mining by a service department and Lin Moubin in Qitai County
10. The case of Yan Mouyang and Yan Mouhu illegally mining cobblestones
1. The case of illegal sand mining by Zhang Moushan and others
【Basic case】
From March to July 2021, defendants Zhang Moushan, Zhang Mouchen, Li Mou, Ding Mou and others contributed capital, defendants Hong Mouwu, Wang Mouhong and others provided sand mining boats, defendants Zhang Mouwei, Ling Mou, etc. A certain Hua and others provided sand transporting ships, and without obtaining a sand mining license, they jointly illegally collected and transported in the Tongling section of the Yangtze River and Anhui Danshui Dolphin National Nature Reserve (the forbidden mining area of the Yangtze River). Jiangsha, a total of 46,765 tons, worth 2,893,129 yuan.
Defendant Ma Mouyu knew that it was illegally mined river sand, but still bought 1,700 tons and sold it.
After evaluation, Zhang Moushan and others illegal sand mining caused the ecological environment damage of the Yangtze River worth 5,157,476.86 yuan.
The procuratorial organ filed an incidental civil public interest lawsuit.
【Reference result】
The People's Court of Dongtai City, Jiangsu Province held that Zhang Moushan and other 32 defendants violated the provisions of the Mineral Resources Law, did not obtain a river sand mining license, and engaged in sand mining activities in the prohibited mining period of the Yangtze River and in the prohibited mining area, which constituted the crime of illegal mining. ; Defendant Ma Mouyu knew that Jiangsha was stolen and purchased, which constituted the crime of covering up and concealing the proceeds of crime.
The 14 defendants including Zhang Moushan constituted joint infringement, and should bear the civil liability for joint compensation for the damage to the ecological environment of the Yangtze River within the scope of their participation in illegal sand mining. It is not feasible for them to directly restore the damaged ecological environment and fishery resources of the Yangtze River. , can bear the cost of ecological environment damage.
Zhang Moushan was sentenced to a sentence for the crime of illegal mining, and Bao Mouwen committed illegal mining while he was released on bail for the crime of illegal mining, and should be liable for punitive damages.
Zhang Moushan and other 32 people were sentenced to four years and six months to one year in prison, and a fine of 200,000 to 15,000 yuan; Ma Mouyu was sentenced to one year and six months in prison, suspended for two years, and a fine of 2 RMB 10,000; illegal gains ranging from RMB 178,600 to RMB 300 were confiscated from the defendants, and RMB 734,757 was confiscated from the sale of Jiangsha sand; Zhang Moushan and other 14 persons, according to their respective criminal involvement, caused 5,157,476.86 damages to the ecological environment of the Yangtze River. Yuan assumes joint and several liability for compensation, and publicly apologized on the national media; Zhang Moushan and Bao Mouwen bear punitive damages of 135,445.02 yuan and 12,688.88 yuan respectively for the damage to the Yangtze River ecological environment.
The judgment has come into effect.
【Typical meaning】
The Yangtze River is the mother river of the Chinese nation and an important support for the development of the Chinese nation.
The illegal mining of river sand not only damages the mineral resources and ecological environment of the Yangtze River, but also affects the stability of the water potential of the Yangtze River, flood control and navigation safety, which is seriously harmful.
On March 1, 2021, the Yangtze River Protection Law came into effect. Zhang Moushan and others committed crimes against the wind and organized illegal mining of river sand in the reaches of the Tongling section of the Yangtze River in the National Nature Reserve of Freshwater Dolphins.
The case is serious and complicated. The Ministry of Public Security designated the Jiangsu Public Security Organ to investigate and handle it, the Supreme People's Procuratorate supervised the handling, and the Supreme People's Court designated the Dongtai City People's Court of Jiangsu Province to hear the case.
On the first anniversary of the implementation of the Yangtze River Protection Law, the Dongtai Municipal People's Court held a public hearing on the case in its Yellow Sea Wetland Environmental Resources Court and pronounced the verdict in court. All the defendants served the sentence.
The trial of this case implemented the strictest concept of the rule of law, implemented the criminal justice policy of combining leniency with strictness and the principle of responsibility for damage and comprehensive compensation, and coordinated the criminal and civil liabilities that Zhang Moushan and others should bear according to the law. Jiangsu court environmental resources "9+1" cross-regional trial mechanism reform achievements and professional trial features.
According to the "Yangtze River Delta Environmental Resources Judicial Cooperation Framework Agreement", the Jiangsu court will transfer the compensation for ecological and environmental damage that has been implemented in place to the Anhui court, and the Anhui court will organize the implementation of the Yangtze River ecological environment restoration work.
This case is a representative case of the people's court giving full play to the role of environmental resources adjudication, combining with the implementation of the Yangtze River Protection Law, and strengthening the protection and integrated protection of the ecological environment system in the Yangtze River Basin.
2. The case of illegal coal mining by a Shanxi Energy Investment Group Co., Ltd., Chen Mouzhi and others
【Basic case】
From the first half of 2015 to July 2018, the defendant unit, Shanxi Energy Investment Group Co., Ltd., as the controlled enterprise of the defendant Chen Mouzhi, the chief element of a triad organization, arranged for the group's subordinate enterprises and group subsidiaries under the instruction of Chen Mouzhi. Crossing the border into other people's mining areas to mine coal, and uniformly washing and selling it for illegal benefits, providing huge economic support for Chen Mouzhi's underworld organized crime.
As determined by the Natural Resources Department of Shanxi Province, the illegal cross-border mining in this case destroyed a total of 6,553,100 tons of recoverable coal resources, with a value of 4,236,793,500 yuan.
【Reference result】
The Intermediate People's Court of Changzhi City, Shanxi Province held that the defendant, a Shanxi Energy Investment Group Co., Ltd., and the defendant, Chen Mouzhi, violated the provisions of the Mineral Resources Law and entered the mining area of others without authorization, which constituted the crime of illegal mining. An Energy Investment Group Co., Ltd. was fined 3 billion yuan; Chen Mouzhi was sentenced to six years in prison and fined 10 million yuan, along with other crimes; the illegal gains and their proceeds were recovered and confiscated.
After the sentence was pronounced, a Shanxi Energy Investment Group Co., Ltd. and Chen Mouzhi appealed.
The Higher People's Court of Shanxi Province ruled to dismiss the appeal and upheld the original judgment.
【Typical meaning】
Coal is one of the main energy sources since the 18th century. It is known as "black gold" and "industrial food". It is an important mineral resource related to national economic development and national energy security.
The underworld organization organized and led by Chen Mouzhi "raised the black with mines" and illegally mined coal by crossing the border with the defendant's unit.
In view of the characteristics of this case, the people's court fully considers the function of fines in enhancing the effect of criminal punishment, increasing the cost of crime, and making up for the loss of mineral resources, and imposed a heavier fine on the defendant unit, and sentenced Chen Mouzhi and other defendants to prison sentences of liberty and property in accordance with the law. .
After the judgment came into effect, the total estimated value of the property for execution of the whole case was more than 19.3 billion yuan, which guaranteed the effect of the execution of the fine.
This case reflects the people's court's determination and effectiveness in using strictness in accordance with the law, resolutely punishing "cross-border mining", "private mining and illegal mining", thoroughly "cleaning up evil" and "killing money and blood", and it has made a positive impact on the production and operation of the energy and mineral industries. It also has the function of warning and education.
3. The case of illegal quarrying by Zhang Mousheng and others
【Basic case】
From 2011 to 2016, a vicious gang headed by the defendant Zhang Mousheng monopolized the rock resources of a village on the banks of the Yellow River in a village of Yinshan Town, Dongping County, Shandong Province. Roads, damage to equipment, etc. obstruct the operation of others, and use methods such as beatings and causing traffic accidents to suppress other operators, forcing other operators to transfer their management rights to them.
From 2014 to 2018, Zhang Mousheng and others did not carry out land reclamation according to the layer height and scope required by the project, and used air cannons and excavators to mine rocks and sell them without obtaining a mining license.
During this period, Zhang Mousheng and others resisted the inspection by the law enforcement agencies, repeatedly beating, intimidating, and harassing the people who expressed their demands.
According to the verification by the Shandong Provincial Bureau of Geology and Mineral Exploration and Development and the Dongping County Price Certification Center, Zhang Mousheng and others illegally exploited a total of 1,149,565 tons of rocks, worth 28,571,125 yuan.
According to the Shandong Yellow River Water Conservancy Project Quality Inspection Center, illegal quarrying by Zhang Mousheng and others has endangered the flood control safety of the Yellow River.
【Reference result】
The People's Court of Dongping County, Shandong Province held that the defendant Zhang Mousheng and others mining without obtaining a mining license constituted the crime of illegal mining, and the circumstances were particularly serious.
Zhang Mousheng and others were sentenced to fixed-term imprisonment of five to four years, and fined 3 million yuan to 100,000 yuan. The crimes committed were jointly punished according to law; illegal gains of 28,571,125 yuan were recovered.
The judgment has come into effect.
【Typical meaning】
The embankment of the Yellow River is a natural barrier for the flood control of the Yellow River, and it is also an important part of the ecological environment of the Yellow River Basin.
Zhang Mousheng and others formed a vicious gang, under the guise of a land reclamation project, to steal stone from the mountains along the banks of the Yellow River, endangering the safety of the Yellow River flood control and damaging the ecological environment of the Yellow River Basin.
The people's court implements the deployment requirements of the special campaign of "sweeping gangsters and eradicating evil", severely punishes "mine tyrants" in accordance with the law, insists on "killing money and cutting blood", and strictly investigates the criminal responsibility of Zhang Mousheng and others, and will increase the number of criminal liabilities after the judgment takes effect. The strength of property punishment enforcement, comprehensively investigate and deal with the property of the evil gang and its members in accordance with the law, and eradicate the economic basis for their crimes.
This case is also a representative case of the people's court strengthening the protection of environmental resources in the Yellow River Basin. It is of great significance for punishing and preventing illegal and criminal acts that damage the Yellow Mountains, protecting the ecological environment of the Yellow River and flood safety.
4. The case of illegal mining of placer gold by Xie Moujun and others
【Basic case】
In March 2011, Xie Mouyou, the brother of the defendant Xie Moujun (which was dealt with in a separate case), established the Dahonggou gravel yard of the Shishixia Hydropower Station in Menyuan County on the grounds of providing sand and gravel materials for Shishixia Hydropower Station and other places. Xie Moujun is the legal representative of the sand and gravel yard for the river sand mining license and related procedures.
From May of the same year, Xie Mouyou and Xie Moujun purchased tents and other items, leased machinery and equipment, hired Ye Moumou, Xie Mouxin, Xie Mouyun, Xie Moushuo, and Ma Mougui, under the guise of sand and gravel mining, without authorization. In the sand and gravel yard, more than 170 kilograms of placer gold, which is stipulated by the state to implement protective mining, was excavated, and the placer gold was sold to Ma in several times at a price of 290 to 300 yuan per gram.
Ma Mouyuan transferred the price of placer gold to the bank accounts of Xie Mouyou, Xie Moujun, and Xie Moulu, totaling 44,599,340 yuan.
The procuratorial organ filed an incidental civil public interest lawsuit, and under the auspices of the court, both parties to the public interest lawsuit reached a mediation agreement.
Xie Moujun promised to perform the ecological restoration obligation in accordance with the requirements of the comprehensive management plan for the mine geological environment in the illegal mining area, and published an apology to the local herdsmen;
【Reference result】
The People's Court of Menyuan County, Qinghai Province held that the defendant Xie Moujun violated the provisions of the Mineral Resources Law by mining alluvial gold in the name of mining sand and gravel materials without authorization, which constituted the crime of illegal mining. The circumstances were particularly serious and sentenced to five years and six months in prison. A fine of 3 million yuan was also imposed; all illegal gains were recovered in accordance with the law.
After the sentence was pronounced, Xie Moujun appealed.
The Intermediate People's Court of Haibei Tibetan Autonomous Prefecture in Qinghai Province ruled to reject the appeal and upheld the original judgment.
【Typical meaning】
The illegal mining site in this case is located on the northeastern edge of the Qinghai-Tibet Plateau, which belongs to the Qinghai Province area of Qilian Mountain National Park.
Qilian Mountain is an important water source and flow area in the Yellow River Basin and Hexi Inland River Basin, an important ecological security barrier in western my country, and a priority area for biodiversity protection in my country.
Xie Moujun and others used the legal sand and gravel quarry and sand mining license as a disguise, and illegally mined the placer gold that the state implements protective mining beyond the scope of the license, which not only caused serious losses to special mineral resources, but also caused serious damage to the ecological environment.
The people's court gave full play to the role of environmental resources adjudication, strengthened the judicial protection of environmental resources in the Qinghai-Tibet Plateau and the Yellow River Basin, severely punished Xie Moujun's illegal mining crimes, and actively used restorative judicial rules to support Xie Moujun to take the responsibility for ecological restoration. It is of great significance to guide the local people to enhance their awareness of environmental resource protection.
5. The case of Miao Moulin and Guo Moujing illegally mining rare earths
【Basic case】
At the beginning of 2015, the defendant Miao Moulin took prospectors from Ganzhou, Jiangxi, together with Zhou Mousheng and Zhang Mouguang, to a mountain field in Desheng Town, Lichuan County, Jiangxi Province for prospecting, and reached an oral agreement to jointly mine rare earth mines in the mountain field. And agreed on the division of labor between Ganzhou shareholders and Lichuan shareholders.
Zhou Mousheng and Zhang Mouguang invited Zhu Mouqing and Pan Mougen to participate in the mining.
Without obtaining a mining license, Miao Moulin, Zhou Mousheng, Zhang Mouguang and others were mining rare earth mines at the mountain farm without authorization, and it did not stop until the beginning of 2016. people sell.
During the period, the defendant Guo Moujing went to the mountain farm to be responsible for the management affairs such as the record of the work of the mine workers, the payment of wages, the record of rare earth output and shipment, and received a fixed salary of 5,000 yuan per month.
Before the incident, the illegal mining site was destroyed twice by relevant government departments.
According to the reserves investigation and estimation, the illegal mining area belongs to light rare earths, the average grade of ionic phase of the deposit is 0.037%, and the reserves of rare earth resources (SRE2O3) oxides destroyed in the mining area are 27 tons.
After identification, the damage value of mineral resources is 3.375 million yuan (tax included).
After the incident, Guo Moujing surrendered to the public security organs.
During the trial of the case, in order to restore the ecological environment, Miao Moulin and Guo Moujing respectively entrusted the Zhangcun Ecological Forest Farm in Lichuan County to afforestation about 10 mu in the Fengge branch, and tended them for three years to ensure that the survival rate of afforestation was over 90%.
【Reference result】
The People's Court of Lichuan County, Jiangxi Province held that the defendants Miao Moulin and Guo Moujing violated the provisions of the Mineral Resources Law by mining specific minerals specified by the state for protective mining without obtaining a mining license, which constituted the crime of illegal mining, and the circumstances were special. serious.
In the joint crime, Miao Moulin was the main offender, but voluntarily pleaded guilty and could be given a lighter punishment as appropriate; Guo Moujing was hired to provide labor services for the crime of illegal rare earth mining, but received a high fixed salary. mitigate the penalty.
Miao Moulin and Guo Moujing can both entrust afforestation and take the initiative to undertake the responsibility for alternative restoration of the ecological environment, and they can also be given lighter punishments as appropriate.
Miao Moulin was sentenced to four years in prison and a fine of 50,000 yuan; Guo Moujing was sentenced to one year and six months in prison, suspended for two years, and a fine of 30,000 yuan.
The judgment has come into effect.
Zhou Mousheng, Zhang Mouguang, Zhu Mouqing, and Pan Mougen have all been sentenced in separate cases.
【Typical meaning】
Rare earth is an important strategic mineral resource, which is widely used in high-tech manufacturing and the research and development and production of national defense and military products. It is called "industrial gold".
In 1991, the State Council listed ionic rare earths as one of the specific minerals that the state implements protective mining.
Severely punishing the crime of stealing rare earths in accordance with the law is not only a need to protect the order of mining production and management, but also a need to maintain the safety of national strategic mineral resources.
This case belongs to illegal prospecting and mining across administrative divisions. Several criminals colluded internally and externally, with a clear division of labor. The circumstances are particularly serious.
The people's court comprehensively considered the mineral resources and ecological and environmental factors of the case, and strictly investigated the criminal responsibility of Miao Moulin and Guo Moujing in accordance with the law, correctly implemented the criminal policy of combining leniency with strictness, actively implemented the principle of protection priority and damage responsibility, and explored the application of restorative judicial rules. Education guides the two defendants to take the initiative to take responsibility for ecological environment restoration, and achieve better trial results.
6. Song Mouyou's illegal sand mining case
【Basic case】
In December 2018, the defendant Song Mouyou contracted the collective land of 15 villagers in a village in the Economic and Technological Development Zone of Puyang City, Henan Province for the purpose of profiting from the sale of sand.
From January to November 2019, without obtaining a sand mining license, Song Mouyou dug sand in the contracted land and made profits from sales by Hu Mou, Jin Moulong and others.
After identification, Song Mouyou illegally mined 19,955.37 cubic meters of sand, causing damage to mineral resources worth 518,840 yuan.
During this period, the Economic and Technological Development Zone Bureau of Puyang Land and Resources Bureau investigated and punished Song Mouyou's illegal sand mining, and imposed an administrative penalty of a fine of 65,997 yuan.
In December 2020, Song Mouyou surrendered to the public security organ and voluntarily returned 30,000 yuan of illegal income.
After evaluation, the land reclamation cost involved was 342,816.72 yuan, and Song Mouyou had paid the amount.
The procuratorial organ filed an incidental civil public interest lawsuit.
【Reference result】
The People's Court of Nanle County, Henan Province held that the defendant Song Mouyou violated the provisions of the Mineral Resources Law by mining sand without obtaining a mining license. The circumstances were serious and constituted the crime of illegal mining.
Song Mouyou constituted a voluntary surrender, and the punishment may be lighter or mitigated according to law.
They voluntarily plead guilty and accept punishment, and take the initiative to pay the ecological environment restoration fee, and can be given a lighter punishment according to the law.
Song Mouyou was punished by the competent administrative authority, which is the same fact as this case, and the administrative fine of 65,997 yuan was set off against the fine.
Song Mouyou's illegal mining damages the ecological environment and damages the national and social public interests, and should bear civil liability for compensation.
Song Mouyou was sentenced to one year's imprisonment and a fine of 60,000 yuan; 30,000 yuan of illegal income returned was confiscated; and 342,816.72 yuan of ecological restoration costs (paid).
The judgment has come into effect.
【Typical meaning】
The contracted management of rural land shall abide by laws and regulations, and protect the rational development and sustainable utilization of land resources.
Song Mouyou contracted villagers' collective land for illegal sand mining, damaging mineral resources and the ecological environment.
The people's court implements the criminal policy of combining leniency with strictness, the strictest concept of the rule of law and the principle of comprehensive accountability, investigates Song Mouyou's criminal responsibility for illegal mining in accordance with the law, determines his civil responsibility for causing damage to the ecological environment, and regards his active performance of civil responsibility as a criminal punishment. The circumstances are lightened as appropriate, and the administrative fines paid for the same fact are clearly set off against fines, and the three responsibilities of criminal, civil and administrative are coordinated.
It is reported that this case is one of a series of illegal mining cases transferred by the discipline inspection and supervision organs of Puyang City, Henan Province to the judicial organs for handling. The work effect of the court, the disciplinary inspection and supervision organs, the procuratorial organs, and the public security organs in coordination and multi-governance.
7. The illegal mining of peat soil by Wang and others
【Basic case】
In 2018, the defendant Wang rented 83 mu of farmland from a villager's home in a village in Laojieji Township, Shangzhi City, Heilongjiang Province.
Since March 2019, Wang has hired excavators to mine peat soil in the rented farmland without applying for approval from the relevant departments.
In July of the same year, Wang hired defendant Li Mousen to dry and look after the illegally mined peat soil. Li Mousen still helped Wang sell the peat soil even though he knew that the peat soil was "not coming from the right way".
As of March 2020, Wang sold a total of 301 vehicles of peat soil with an amount of 2,399,785 yuan, of which Li Mousen sold 12 vehicles of peat soil with an amount of 95,000 yuan.
3618.6 cubic meters of peat soil that has not yet been sold was seized.
After assessment, the value of the backfill assets is 86,846.40 yuan.
In 2021, defendant Wang Mou, together with defendants Ma Moukun, Xu Mougang, and Li Mousen, rented land in a village in Shahezi Town, Wuchang City, Heilongjiang Province to illegally exploit peat soil.
Ma Moukun and Wang Mou jointly planned, and the four defendants divided the work and cooperated. From February 20 to March 8 of that year, they excavated 78,890.28 square meters of black soil and obtained 34,464 cubic meters of peat soil with a value of 718,920 yuan.
After assessment, the asset value of backfill and road restoration is 1,898,140.80 yuan.
The Natural Resources Bureau of Shangzhi City, Heilongjiang Province and the Natural Resources Bureau of Wuchang City, Heilongjiang Province filed an incidental civil lawsuit.
【Reference result】
The People's Court of Wuchang City, Heilongjiang Province held that the defendants Wang Mou, Ma Moukun, Xu Mougang and Li Mousen violated the provisions of the Mineral Resources Law and exploited peat soil without obtaining a mining license, which constituted the crime of illegal mining, and the circumstances were particularly serious. They were sentenced to fixed-term imprisonment of seven to five years respectively, and a fine of 500,000 to 150,000 yuan; Li Mousen knew that the peat soil was the proceeds of crime and sold it on his behalf, which constituted the crime of covering up and concealing the proceeds of crime, and was punished according to law; , Xu Gang's illegal gains; Wang and other four defendants jointly compensated Wuchang City Natural Resources Bureau for economic losses of 1,898,140.80 yuan, and Wang compensated Shangzhi City Natural Resources Bureau for economic losses of 86,846.40 yuan.
After the sentence was pronounced, Wang and others appealed.
The Intermediate People's Court of Harbin City, Heilongjiang Province ruled to dismiss the appeal and upheld the original judgment.
【Typical meaning】
Black soil is a precious soil resource, and black soil cultivated land is an important agricultural resource and production factor.
Wang et al. rented other people's farmland to steal peat soil, which not only caused irreversible damage to precious mineral resources, but also seriously damaged the soil structure of black soil and large areas of basic farmland, and easily induced similar crimes and exacerbated the phenomenon of abandoned farmland.
The people's court implements the spirit of General Secretary Xi Jinping's important instructions on "taking effective measures to effectively protect and make good use of the black land, the 'big panda in arable land'", insist on punishing both upstream and downstream crimes, and comprehensively use criminal and civil legal means It is of great significance to deter the crime of illegally mining black soil and guide the people to raise the awareness of black soil protection.
8. The case of illegal sand mining by Wang Mouzhang, Kang Mouchuan and others
【Basic case】
Defendants Wang Mouzhang and Kang Mouchuan agreed to pirate sea sand mining, convert the shared ships into sand mining ships, and purchase other ships and convert them into barges with sand storage and sand production functions; hire defendant Kang Moujie as captain, defendant People Kang Mouhe, Kang Mouqiang, Jiang Mou, Kang Moubin and others were crew members, and it was agreed that more than 30 ships were mined. For each additional ship, the crew could get an additional bonus subsidy of 1,550 yuan. Salary ratio division.
From May 2018 to January 2019, Wang Mouzhang, Kang Mouchuan and others drove sand mining boats many times to pirate sea sand in the waters near the mouth of the Minjiang River and West Dog Island, at the rate of 6 yuan to 25 yuan per ton The price is sold to the sand field or sea sand ship.
According to statistics, Wang Mouzhang, Kang Mouchuan and others have stolen a total of more than 300,000 tons of sea sand. Except for more than 3,000 tons, which were seized by the public security organs, they were all sold, causing damage to mineral resources worth 3.195 million yuan.
【Reference result】
福建省连江县人民法院认为，被告人王某章、康某川等人违反矿产资源法的规定，未取得采矿许可证擅自开采海砂，均构成非法采矿罪，情节特别严重。在共同犯罪中，王某章、康某川系主犯，分别判处有期徒刑四年并处罚金15万元、有期徒刑三年四个月并处罚金10万元；其他被告人虽受雇佣为盗采海砂犯罪提供劳务，但参与利润分成，系从犯，分别判处有期徒刑一年四个月至十一个月，并处罚金1万元至2000元；没收犯罪所用的船舶。宣判后，王某章、康某川提出上诉。福建省福州市中级人民法院裁定驳回上诉，维持原判。
【典型意义】
海砂在我国分布广泛，是仅次于石油天然气的第二大海洋资源。近年来，建筑市场对砂石需求旺盛，受利益驱使，沿海省份盗采海砂现象日益突出，严重威胁海洋地形地貌和海洋生态。王某章、康某川经精心组织、策划，为盗采海砂而专门改造船舶、雇佣人员，采取连续作业方式，在闽江口等海域盗采海砂，严重破坏海砂资源和海洋生态。人民法院依法认定和区分主犯与受雇人员的责任并予以相应的刑事处罚，依法认定和处理用于犯罪的专门工具船舶，保障了依法严惩盗采矿产资源犯罪的总体效果，落实了宽严相济的刑事政策，体现了人民法院围绕国家海洋战略、以司法审判护航海洋生态文明建设的立场和导向。
九、奇台县某服务部、林某斌非法开采金矿案
【基本案情】
2008年，被告人林某斌收购奇台县某服务部，该服务部名下有青河县喀腊马依勒金矿探矿许可证，林某斌一直在申请办理探矿权的延续手续，但未办理采矿许可证。2015年至2017年，林某斌雇佣杨某启在矿区进行打钻作业，青河县某爆公司进行爆破作业，董某强及其他工人将爆破、破碎后的矿石加工提炼成合质金。林某斌将非法开采、提炼的合质金出售给河南洛阳某黄金冶炼公司，销售金额共计15309083.64元。其间，新疆维吾尔自治区青河县国土资源局于2015年5月27日、2016年6月16日、2017年6月14日三次对奇台县某服务部作出行政处罚决定，分别罚款6万元、5万元、2万元。
【裁判结果】
新疆维吾尔自治区青河县人民法院认为，被告单位奇台县某服务部违反矿产资源法的规定，未取得采矿许可证擅自开采黄金；被告人林某斌作为该单位的法定代表人和直接负责的主管人员，具体实施了上述非法开采行为，均构成非法采矿罪，情节特别严重。判处奇台县某服务部罚金50万元；判处林某斌有期徒刑四年六个月，并处罚金15万元；追缴林某斌的违法所得15309083.64元；没收喀腊马依勒金矿矿部电解车间及附属四合院。该判决已生效。
【典型意义】
探矿权与采矿权具有不同的权利属性，从事探矿、采矿活动应分别申办许可证。该案被告单位名下虽有青河县喀腊马依勒金矿探矿许可证，但未申请办理采矿许可证，其在该矿区开采黄金，仍属于“无证开采”。人民法院依法对该被告单位及其主管人员予以刑事处罚，并依法追缴违法所得、依法没收供犯罪所用的单位财产。本案还反映出，虽然行政主管机关多次对被告单位非法采矿行为予以罚款，但未采取进一步管理措施，既未督促其依法申请办理采矿许可证，也未对其整顿、关停、治理，而是简单地“一罚了之”，“以罚代管”问题较为突出。对于被告单位并未缴纳的行政罚款，原审判决在罚金中未予抵扣。该案是人民法院依法惩处盗采矿产资源单位犯罪的代表性案例，在维护当地矿产资源可持续开发利用、督促有关行政主管机关纠正“以罚代管”问题、引导人民群众增强法治意识等方面，均具有重要意义。
十、严某洋、严某虎非法开采鹅卵石案
【基本案情】
2017年4月至12月，被告人严某洋、严某虎在未取得采矿许可证也未经水务行政部门批准的情况下，擅自在贵州省兴义市清水河镇联丰村泥溪河段开采鹅卵石。由严某洋负责召集、联系买主并雇用挖机、货车，由严某虎负责找工人及现场生产、管理、登记等事宜。二被告人将采出的鹅卵石运送至安龙县木咱镇，卖给徐某某用于铺设人工河道，严某洋与徐某某商定以每立方米200元的价格进行结算。二被告人非法开采的鹅卵石共计1146立方米，收到徐某某支付的款项115000元。案发后，二被告人到公安机关投案，严某洋退缴赃款115000元。
【裁判结果】
The People's Court of Xingyi City, Guizhou Province held that the defendants Yan Mouyang and Yan Mouhu violated the provisions of the Mineral Resources Law by mining pebbles without obtaining a mining license. The circumstances were serious and constituted the crime of illegal mining.
The two defendants divided labor and cooperated in the joint crime, and both were the principal offenders.
Both of the two defendants constituted voluntary surrender, and the punishment may be lighter or mitigated in accordance with the law.
Yan Mouyang's crime is relatively minor and he has shown remorse, and he can be declared suspended in accordance with the law.
Yan Mouyang was sentenced to ten months in prison, suspended for one year and six months, and a fine of 20,000 yuan; Yan Mouhu was sentenced to eight months in prison and a fine of 15,000 yuan, along with other crimes; illegal gains were confiscated 115,000 yuan.
The judgment has come into effect.
【Typical meaning】
Cobblestone is a non-metallic mineral, which is different from the behavior of "picking pebbles" in the general understanding of the common people. Unauthorized, organized and large-scale piracy of pebbles is a criminal act, which not only violates the national mineral resources management system, but also leads to the exploitation of mineral resources. Destruction and disorderly use, and will adversely affect the river beach landform, resulting in the destruction of the geological structure and ecological environment and other consequences.
The location of the illegal mining case is located in the Nixi River section of Qingshuihe Town, Xingyi City, Guizhou Province, and next to the Maling River Canyon, a national scenic spot. There are centuries-old houses and stone paths of the Buyi people in the area. The revolutionary relics of Pindian Battle and Nixi River Battle are integrated with the natural landscape of Maling River Canyon Scenic Spot. They are unique humanistic and historical resources, red educational resources and green ecological resources.
The people's court adhered to the concept of "protecting ecological resources like protecting eyes" and the criminal policy of combining leniency with strictness. While determining that the two defendants constituted a crime in strict accordance with the law, it handled the case with leniency as a whole and achieved good results. It is of great significance to guide the local people to enhance their awareness of the rule of law and environmental protection, and to promote the integrated protection of mineral resources and "green waters and lush mountains", "red culture" and "folklore history".