The Progress of Criminal Laws and Regulations on Illegal Sand-Mining in Yangtze River Basin in the Context of Yangtze River Protection
The crime of illegal sand-mining in the Yangtze River basin pollutes the water environment,destroys aquatic biological re-sources,threatens the safety of navigation channels and flood control,and causes great damage to the ecological environment of the ba-sin,which is a major environmental and ecological governance issue in the great protection of the Yangtze River.In 2016,the Supreme People's Court and the Supreme People's Procuratorate pointed out in the"Interpretation of Issues on Several Issues on the Appli-cation of Law in the Handling of Criminal Cases of Illegal Mining and Destructive Mining"that The crime of illegal mining applies to the crime of illegal sand mining on rivers.After the implementation of the Interpretation,the overall order of sand mining management in the Yangtze River Basin has been controllable,however,the judicial practice of pursuing criminal liability for illegal sand mining with the crime of illegal mining suffers from the dilemma of inaccurate characterization of the crime,confusing licensing system,and imper-fect penal system.Therefore,it is necessary to re-examine the layer of legal interests behind the crime of illegal sand mining,and pro-pose the way forward to add a separate crime of illegal sand mining,clarify the boundaries between mining licenses and sand mining li-censes,and enrich the types of criminal penalties,so as to further strengthen the ecological protection of the Yangtze River Basin.
Yangtze River Protectionecological environmentillegal sand-miningcriminal law system
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