Perpetrators of illegal mining of rare earth rather be jailed and fined

To seek profits, without obtaining a mining permit in case of unauthorized exploitation of rare earth ore, mineral resources and ecological environment caused serious damage, case proceedings, the defendant Xiong, FAN green Guanhuzeren willing to take ecological restoration initiative to pay to restore vegetation margin. Recently, Ninghua People's Court case with the illegal poaching of rare earth ore verdicts, judgments defendant Xiong, FAN guilty of the crime of illegal mining, were sentenced to three years imprisonment, suspended for four years and fined 120,000 yuan.

June 2011 to November, the defendant Xiong, FAN discuss with others illegal mining of rare earth ore division, the defendant Xiong responsible RBI Foreign mining sites and on the uphill intersection lookout, the defendant FAN dredge socially responsible relationship, and the remaining duties everyone together in the illegal exploitation of Xiang River Ninghua rare earth ore. November 2011 that illegal mining mines destroyed by the river Xiang government. By the Fujian Provincial Department of identification, due to undocumented illegal mining of rare earth mineral resources resulting value of about 700,000 yuan.

Ninghua Court held that the defendant Xiong, FAN together with others to violate the provisions of the Mineral Resources Law, without obtaining a mining permit, unauthorized exploitation of rare earth minerals, causing serious damage to mineral resources, their behavior had constituted the crime of illegal mining. Given the defendant Xiong, FAN justice after a good attitude, and voluntarily pay the deposit to restore vegetation, as appropriate sentences, it made ​​the decision.

Illegal poaching of rare earth mineral resources, mineral resources, not only seriously damaged, but also the impact on the local ecological environment, resulting in soil erosion. To repair damage in the ecological environment of crime, the Court has been committed would rather carry out ecological compensation mechanism of public justice, and Forestry jointly promote the establishment of judicial guarantees Ninghua green ecological support association, fusion funding to re-establish a base model green management and protection, Soil Conservation service for further accelerating the construction of ecological civilization. Green replant bear complex legal obligation to pay the defendant's re-plant complex Green Ecological Association margin is one of the sources of funds to replant the current complex ecological associations rely on two bases in green management and protection of ecological restoration, and achieved good results.


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