1. How to judge illegal mining involving many people?
1. The penalties for illegal mining involving more than one person are as follows:
(1) The planners, investors and beneficiaries of illegal mining, as the principal offenders in the same crime, constitute the crime of illegal mining, and shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined;
(2) Those who are employed in manual labor, only get remuneration, and do not participate in profit distribution shall be given administrative punishment according to general illegal acts, and shall not be sentenced.
2. Legal basis: Article 343rd of the Criminal Law of People's Republic of China (PRC).
The crime of illegal mining violates the provisions of the Mineral Resources Law, mines without a mining license, mines in mining areas planned by the state, mining areas of great value to the national economy and other people's mining areas, or mines specific minerals protected by the state. If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or 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.
The crime of destructive mining violates the provisions of the Mineral Resources Law and uses destructive mining methods to mine mineral resources, causing serious damage to mineral resources, and shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and fined.
Two. What are the constitutive elements of the crime of illegal mining?
The constitutive elements of the crime of illegal mining include:
1, object element. The state's management system of mineral resources and mining production and the state's ownership of mineral resources;
2. objective factors. The crime of illegal mining is objectively manifested as illegal mining and destruction of mineral resources in violation of the provisions of the mineral resources protection law;
3. Main elements. The subject of the crime of illegal mining is the general subject, but it is generally limited to those who are directly responsible, including the leaders and backbone personnel of illegal mining decision-making in state-owned, collective or township mining enterprises, as well as the instigators, organizers, commanders and individual miners who gather people to illegally mine;
4. Subjective factors. The crime of illegal mining is intentional subjectively, and its subjective purpose is to obtain mineral products for profit.