Identification of Legal Interests in Determining the Crimes Against Mineral Resources
The legal interests harmed by crimes against mineral resources are compound.The essential points for the identification of legal interests in crimes against mineral resources include:further clarification of the physical objects targeted by such category of crimes;accurate determination of"illegality"as an element of administrative illegality;the classification-oriented analysis of the substantive objects harmed by such category of crimes in practice;the clarification of mode of criminal sanction on such category of crimes and how the function of criminal law is realized.Based on the above-mentioned essential points,the doctrine of strictness should be adopted in the establishment of crimes against mineral resources.Namely,firstly,the doctrine of strictness should be adopted in the determining whether the predicate law is violated;secondly,the function of mineral resources should be strictly distinguished from that of ordinary property,assets or ecological environment;thirdly,the relationship between the loss of mineral resources and the destruction of the ecological environment caused by illegal mining should be understood correctly,and the differentiated standard should be adopted in conviction;fourthly,the behavior of mining in special areas such as scenic spots and nature reserves should be determined in combination with the principle of change of circumstances in civil law and the principle of proportionality in administrative law,thus prudence should be exercised in determine it as a crime.In the criminal sanction over crimes against mineral resources,we should pay attention to the distinction between its nature and function from those of civil public interest litigation cases,pay attention to the non-criminal nature of ecological restoration costs,punitive damages,etc.,avoid the setting-off of responsibilities with different natures,and ensure the full realization of the functions of criminal law in this field.
Crimes Against Mineral ResourcesCrime of Illegal MiningPunitive DamagesLegal Interest of EcologyIdentification of Legal Interests
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