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中国最高法:依法严惩破坏耕地资源违法犯罪行为
Zhong Guo Xin Wen Wang· 2025-10-09 05:54
Core Viewpoint - The Supreme People's Court of China has publicly released cases to strictly punish illegal activities that damage arable land resources, including illegal occupation of agricultural land and illegal mining [1][2] Group 1: Illegal Occupation of Agricultural Land - The case of Zhu and Su illustrates the illegal occupation of agricultural land under the guise of developing a modern agricultural smart industry base, where they misled authorities to obtain permits and disposed of construction waste for profit [1] - The Jiangsu court sentenced Zhu to four years in prison and a fine of 1 million RMB, while Su received a two years and three months sentence with a fine of 200,000 RMB, demonstrating the court's commitment to protecting arable land and food security [1] Group 2: Illegal Mining Activities - The case of Yu shows that over two years, he illegally mined and filled in over 30 acres of permanent basic farmland, causing permanent damage to the topsoil and violating both illegal mining and illegal occupation of agricultural land laws [2] - The Inner Mongolia court imposed severe penalties for illegal mining, reinforcing the judicial stance on protecting black soil resources [2]
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]
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
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]
从严惩处破坏黑土地资源犯罪 两高发布最新司法解释
Yang Shi Xin Wen· 2025-05-06 02:49
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].