Group 1 - The Supreme People's Court and the Supreme People's Procuratorate have jointly issued an interpretation that lowers the threshold for criminal liability for the destruction of black land resources, allowing the volume of excavated black soil to be used as a criterion for illegal occupation of agricultural land [1][2] - The new standards specify that for permanently designated basic farmland, illegal occupation or destruction of black land reaching "three mu" or illegal excavation of black soil reaching "500 cubic meters" can lead to criminal charges; for black land outside of permanently designated basic farmland, the thresholds are "six mu" or "1,000 cubic meters" [1][2] - The interpretation aims to address the issue of significant damage caused by illegal excavation of black soil that may not meet the previous area-based thresholds for criminal liability, thereby enhancing the legal framework for black land protection [1] Group 2 - The interpretation clarifies that illegal mining of black soil, classified as a mineral resource, will be prosecuted under illegal mining laws; it also addresses severe pollution of black land through the illegal disposal of hazardous waste, which will be prosecuted under environmental pollution laws [2] - There is a recognition of the existence of organized crime networks involved in the destruction of black land resources, with upstream criminals engaging in theft and downstream criminals involved in concealing, transferring, and selling the stolen resources; the interpretation aims to combat this entire chain of criminal activity [2] - The interpretation allows for the use of expert opinions, reports from relevant institutions, and other evidence to establish facts in cases involving specialized issues, thereby enhancing the evidentiary standards in prosecutions [2]
新司法解释:非法采挖永久基本农田黑土五百立方米即可入罪
Xin Jing Bao·2025-05-06 08:37