The Legal Interests Protected and Determination of Illegality Concerning the Crime of Illegal Mining
The legal interests protected concerning the crime of illegal mining include state ownership over mineral resources,integrity of mineral resources and the ecological environment.State ownership over mineral resources is the legal interest inevitably infringed,while the integrity of mineral resources and the ecological environment are so-called selective legal interests.Mining with a mining permit in principle excludes the illegality of the crime of illegal mining,but constitutes the crime of illegal mining in special circumstances.Mining without a mining permit in principle constitutes the crime of illegal mining and may exclude the illegality of the crime of illegal mining in special circumstances.A mining permit(license)is kind of ban-lifting permission,thus a perpetrator mines mineral resources with a mining permit achieved through illegal means such as bribery and deception,the illegality shall not be excluded and the crime of illegal mining shall be constituted.Nevertheless,based on the presumptive authority of an specific administrative act,in procedure,after the permit is revoked by the administrative organ which makes the decision of issuing such mining permit or by its higher administrative organ,the judicial authority can find the perpetrator guilty of the crime of illegal mining.
the Crime of Illegal MiningLegal Interests ProtectedMining PermitBan-lifting Permission
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