以案说法|非法获取审批手续盗采泥炭土的行为构成非法采矿罪

Core Points - The case involves illegal mining activities where the defendants, led by Wei Mouguo, disguised their actions as dredging a reservoir to illegally extract peat soil, resulting in significant environmental damage and legal consequences [1][2][3] Group 1: Case Background - In 2019, defendants Wei Mouguo, Zhang Mou, and Lü Mou conspired to low-cost contract a reservoir under the pretense of dredging, while actually engaging in illegal peat soil extraction [1] - Between August and September 2022, Wei Mouguo, with assistance from Yang Mouzhi, unlawfully obtained dredging permits and extracted a total of 81,035.6 cubic meters of peat soil, valued at 5.8496 million yuan [1] Group 2: Judicial Outcome - The Tonghua Railway Transport Court sentenced the seven defendants to prison terms ranging from one year and four months to four years and six months for illegal mining, along with fines and confiscation of illegal gains [2] - The intermediate court upheld the original ruling, confirming the legal validity of the judgment [2] Group 3: Significance of the Case - This case highlights the judiciary's role in combating illegal mining activities disguised as legitimate operations, particularly the extraction of peat soil, which is a vital organic resource in China [3] - The case illustrates a trend in illegal mining where methods have evolved from traditional unlicensed extraction to more covert operations that utilize fraudulent legal documentation [3] - The court's actions serve as a deterrent against the destruction of black soil resources, emphasizing the importance of protecting these valuable environmental assets [3]