从严惩处破坏黑土地资源犯罪 两高发布最新司法解释

Core Viewpoint - The Supreme People's Court and the Supreme People's Procuratorate have issued an interpretation regarding the criminalization of illegal mining activities related to black soil, emphasizing the need for strict legal enforcement to protect this vital resource [1][2]. Summary by Sections Legal Provisions - The interpretation consists of 14 articles, detailing the recognition and standards for criminalizing the illegal occupation of farmland and the destruction of black soil [2]. - For permanent basic farmland, illegal occupation and destruction reaching "three mu" or illegal excavation of black soil exceeding "500 cubic meters" can lead to criminal charges [3]. - For black soil outside permanent basic farmland, illegal occupation and destruction reaching "six mu" or illegal excavation exceeding "1,000 cubic meters" can also result in criminal charges, enhancing food security protection [3]. Illegal Mining and Pollution - The interpretation clarifies that illegal mining of black soil, classified as a mineral resource, can be prosecuted under illegal mining laws [3]. - It addresses severe pollution of black soil, stipulating that illegal disposal of hazardous waste can lead to charges of environmental pollution [3]. Criminal Behavior and Evidence - The interpretation includes provisions for handling cases of concealing or disguising criminal activities related to the illegal sale of black soil [3]. - It allows for the use of expert opinions and reports to establish facts in cases involving the destruction of black soil resources [4]. Principles of Drafting - The drafting of the interpretation adheres to strict legal principles, ensuring accurate application of laws related to illegal occupation of farmland, illegal mining, and environmental pollution [5]. - It focuses on addressing prominent issues in judicial practice, such as the application of charges and standards for sentencing [6]. - The interpretation reflects a commitment to severe penalties for violations, aligning with the protective spirit of the Black Soil Protection Law [8].