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Illegal mining of rare earths and looking for top bags! Who gave you the courage?

Translation 10:15:04AM Aug 21, 2019 Source:Fujian Sanming Intermediate people's Court
The content below was translated by Tencent automatically for reference.

SMM News: "the Middle East has oil, China has rare earths." Rare earth is known as the "mother of new materials", widely used in new energy, optics, aerospace and other cutting-edge high-tech fields, is a precious strategic resources.

With the rising prices of rare earths, some "brave men" have also taken risks one after another, in vain to steal rare earth mines to get rich. However, the law has been neglected, this kind of illegal and criminal behavior not only can not get rich quickly, but will cause great harm to themselves and their families. This is not, Yongan a man because of doing this to make himself a prisoner.

Review of the case

In mid-2011, the defendant Xie Mou Cong and Chen XuCong (sentenced) led people to detect rare earth mines in Ziliushan, a village in Dahu Town, Yong'an City. One day in July 2011, the defendant Xie Mou-tze and Chen Mou-Cong and Huang Mou-gen (who had been sentenced) decided that the defendant Xie Mou-ze would be responsible for negotiating the purchase of the mountain yard involved in the mining site and taking a stake in part of the mountain yard of a village in Dahu Town of Yong'an City to coordinate the relationship between the local villagers. Chen Mou Cong is responsible for dealing with problems such as sabotage by villagers and hindering mining. Huang and his partners Li Mengen (judged) and Fu Xuhui (judged) jointly accounted for 45% of the shares, responsible for capital contribution and specific mining work. At the same time, Chen Mou Cong sent Zhao Mupo and others to the mining site to supervise and deal with the villagers who hindered illegal mining in a timely manner.

The mountains at the scene of the crime were devastated

From October to December 2011, without a mining license, workers hired by Huang and Li were hired to illegally mine rare earth minerals in a village in Dahu Town, Yong'an City, by destroying mountain forests, excavating mountain roads and pools, and Zhao Mupo was responsible for site management and coordination. During this period, the three defendants continued to mine the mine knowing that the relevant government departments had strictly banned the mining of rare earth mines and that the illegal mining site had been investigated by relevant government departments and repeatedly prevented by mountain farmers and others, until it was seized by the Yongan Public Security Bureau on 19 December 2011. Identified by the Law Enforcement and Supervision Department of the Fujian Provincial Department of Land and Resources, the value of the destruction of rare earth mineral resources in a village in Dahu Town, Yong'an City is RMB 1.461 million yuan. After the mine was investigated and dealt with by the Yongan Public Security Bureau, in order to evade criminal responsibility, the defendants Xie and Chen ordered Zhao to take the blame for them. Zhao was later sentenced to five years in prison for illegal mining, during which he accused defendants Xie and Chen of illegal mining. On September 25, 2018, the defendant Xie was brought back by the police of the Yongan Public Security Bureau for questioning. Court hearing

According to the Yongan court, the defendant Xie Mou and others violated the provisions of the Mineral Resources Law and exploited mineral resources without obtaining a mining license, resulting in a total value of RMB 1.461 million yuan in damage to rare earth mineral resources, and the circumstances were particularly serious. his act constitutes a crime of illegal mining. The defendant Xie Mengze participates in illegal mining as a shareholder, which is a joint crime, and there is no principal accomplice, but the defendant Xie Mengze plays a small role in the process of carrying out illegal mining and can be punished lightly as appropriate. The defendant Xie Mou Che was sentenced for intentional crime and should be punished severely as appropriate. Accordingly, in accordance with the relevant provisions of the Criminal Law of the people's Republic of China and relevant judicial interpretations, the Yongan Court, taking into account the confession and repentance of the defendant Xie Mou-ze, sentenced the defendant Xie Mou-ze to three years' imprisonment and a fine of 70,000 yuan in accordance with the law.

Law link

Article 333 of the Criminal Law of the people's Republic of China, in violation of the provisions of the Mineral Resources Law, mines without obtaining a mining license, enters mining areas planned by the State, mining areas of great value to the national economy and the mining areas of others, or exploits without authorization specific minerals to which protective mining is carried out as prescribed by the State, if the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance. A fine shall be imposed concurrently or separately; If the circumstances are particularly serious, the offender shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years, and concurrently be sentenced to a fine. Whoever, in violation of the provisions of the Mineral Resources Law, exploits mineral resources by destructive mining methods, thereby causing serious damage to mineral resources, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and concurrently be sentenced to a fine. Interpretation of the Supreme people's Procuratorate of the Supreme people's Court on certain issues concerning the Application of laws in handling Criminal cases of illegal Mining and destructive Mining Article 3 of the implementation of illegal mining acts under any of the following circumstances, It shall be determined as "serious circumstances" as stipulated in the first paragraph of Article 333 of the Criminal Law: (1) the value of the mineral products exploited or the value of causing damage to mineral resources is between 100, 000 yuan and 300000 yuan; (2) mining in mining areas planned by the State and of great value to the national economy, mining specific minerals for which protective mining is prescribed by the State, or mining in no-mining areas or during the no-mining period, the value of the mineral products mined or the value of causing damage to mineral resources is more than 50, 000 yuan to 150000 yuan; (3) if he has been subjected to more than two administrative penalties for illegal mining within two years, and has committed an illegal mining act; (4) causing serious damage to the ecological environment; (5) other circumstances in which the circumstances are serious. If an illegal mining act is committed under any of the following circumstances, it shall be determined as "the circumstances are particularly serious" as stipulated in the first paragraph of Article 333 of the Criminal Law: (1) the amount exceeds five times the standard prescribed in the first and second paragraphs of the preceding paragraph; (2) it causes particularly serious damage to the ecological environment; and (3) other circumstances are particularly serious. Source: wing on Court

[focus] 2019 China rare Earth permanent Magnet Industry Market Application Development Forum

The trade war between China and the United States has made rare earths become the focus of global attention. China has the largest rare earth industry resources and export dominance in the world, and the world is highly dependent on China's rare earths, especially the United States. How will China make good use of the development advantages of the rare earth industry in the future? how to improve the development of the industry, monitor and crack down on black rare earths in order to standardize the ecological environment of the industry, and whether the rare earth industry has become a rising star after it has been put forward for strategic development? Whether the rare earth enterprise ushered in the tuyere? How will the price of rare earths go? At the 2019 China rare Earth permanent Magnet Industry Market Application Development Forum, SMM will invite industry experts and enterprise bigwigs to interpret the market focus topics for everyone, and provide technical professional guidance for the high-quality development of enterprises, so as to help enterprises have more advantages in the fierce competition. Welcome to the summit, together with the industry!

"Click to sign up for this summit

Scan QR code and apply to join SMM metal exchange group, please indicate company + name + main business

 

Illegal mining of rare earths and looking for top bags! Who gave you the courage?

Translation 10:15:04AM Aug 21, 2019 Source:Fujian Sanming Intermediate people's Court
The content below was translated by Tencent automatically for reference.

SMM News: "the Middle East has oil, China has rare earths." Rare earth is known as the "mother of new materials", widely used in new energy, optics, aerospace and other cutting-edge high-tech fields, is a precious strategic resources.

With the rising prices of rare earths, some "brave men" have also taken risks one after another, in vain to steal rare earth mines to get rich. However, the law has been neglected, this kind of illegal and criminal behavior not only can not get rich quickly, but will cause great harm to themselves and their families. This is not, Yongan a man because of doing this to make himself a prisoner.

Review of the case

In mid-2011, the defendant Xie Mou Cong and Chen XuCong (sentenced) led people to detect rare earth mines in Ziliushan, a village in Dahu Town, Yong'an City. One day in July 2011, the defendant Xie Mou-tze and Chen Mou-Cong and Huang Mou-gen (who had been sentenced) decided that the defendant Xie Mou-ze would be responsible for negotiating the purchase of the mountain yard involved in the mining site and taking a stake in part of the mountain yard of a village in Dahu Town of Yong'an City to coordinate the relationship between the local villagers. Chen Mou Cong is responsible for dealing with problems such as sabotage by villagers and hindering mining. Huang and his partners Li Mengen (judged) and Fu Xuhui (judged) jointly accounted for 45% of the shares, responsible for capital contribution and specific mining work. At the same time, Chen Mou Cong sent Zhao Mupo and others to the mining site to supervise and deal with the villagers who hindered illegal mining in a timely manner.

The mountains at the scene of the crime were devastated

From October to December 2011, without a mining license, workers hired by Huang and Li were hired to illegally mine rare earth minerals in a village in Dahu Town, Yong'an City, by destroying mountain forests, excavating mountain roads and pools, and Zhao Mupo was responsible for site management and coordination. During this period, the three defendants continued to mine the mine knowing that the relevant government departments had strictly banned the mining of rare earth mines and that the illegal mining site had been investigated by relevant government departments and repeatedly prevented by mountain farmers and others, until it was seized by the Yongan Public Security Bureau on 19 December 2011. Identified by the Law Enforcement and Supervision Department of the Fujian Provincial Department of Land and Resources, the value of the destruction of rare earth mineral resources in a village in Dahu Town, Yong'an City is RMB 1.461 million yuan. After the mine was investigated and dealt with by the Yongan Public Security Bureau, in order to evade criminal responsibility, the defendants Xie and Chen ordered Zhao to take the blame for them. Zhao was later sentenced to five years in prison for illegal mining, during which he accused defendants Xie and Chen of illegal mining. On September 25, 2018, the defendant Xie was brought back by the police of the Yongan Public Security Bureau for questioning. Court hearing

According to the Yongan court, the defendant Xie Mou and others violated the provisions of the Mineral Resources Law and exploited mineral resources without obtaining a mining license, resulting in a total value of RMB 1.461 million yuan in damage to rare earth mineral resources, and the circumstances were particularly serious. his act constitutes a crime of illegal mining. The defendant Xie Mengze participates in illegal mining as a shareholder, which is a joint crime, and there is no principal accomplice, but the defendant Xie Mengze plays a small role in the process of carrying out illegal mining and can be punished lightly as appropriate. The defendant Xie Mou Che was sentenced for intentional crime and should be punished severely as appropriate. Accordingly, in accordance with the relevant provisions of the Criminal Law of the people's Republic of China and relevant judicial interpretations, the Yongan Court, taking into account the confession and repentance of the defendant Xie Mou-ze, sentenced the defendant Xie Mou-ze to three years' imprisonment and a fine of 70,000 yuan in accordance with the law.

Law link

Article 333 of the Criminal Law of the people's Republic of China, in violation of the provisions of the Mineral Resources Law, mines without obtaining a mining license, enters mining areas planned by the State, mining areas of great value to the national economy and the mining areas of others, or exploits without authorization specific minerals to which protective mining is carried out as prescribed by the State, if the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance. A fine shall be imposed concurrently or separately; If the circumstances are particularly serious, the offender shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years, and concurrently be sentenced to a fine. Whoever, in violation of the provisions of the Mineral Resources Law, exploits mineral resources by destructive mining methods, thereby causing serious damage to mineral resources, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and concurrently be sentenced to a fine. Interpretation of the Supreme people's Procuratorate of the Supreme people's Court on certain issues concerning the Application of laws in handling Criminal cases of illegal Mining and destructive Mining Article 3 of the implementation of illegal mining acts under any of the following circumstances, It shall be determined as "serious circumstances" as stipulated in the first paragraph of Article 333 of the Criminal Law: (1) the value of the mineral products exploited or the value of causing damage to mineral resources is between 100, 000 yuan and 300000 yuan; (2) mining in mining areas planned by the State and of great value to the national economy, mining specific minerals for which protective mining is prescribed by the State, or mining in no-mining areas or during the no-mining period, the value of the mineral products mined or the value of causing damage to mineral resources is more than 50, 000 yuan to 150000 yuan; (3) if he has been subjected to more than two administrative penalties for illegal mining within two years, and has committed an illegal mining act; (4) causing serious damage to the ecological environment; (5) other circumstances in which the circumstances are serious. If an illegal mining act is committed under any of the following circumstances, it shall be determined as "the circumstances are particularly serious" as stipulated in the first paragraph of Article 333 of the Criminal Law: (1) the amount exceeds five times the standard prescribed in the first and second paragraphs of the preceding paragraph; (2) it causes particularly serious damage to the ecological environment; and (3) other circumstances are particularly serious. Source: wing on Court

[focus] 2019 China rare Earth permanent Magnet Industry Market Application Development Forum

The trade war between China and the United States has made rare earths become the focus of global attention. China has the largest rare earth industry resources and export dominance in the world, and the world is highly dependent on China's rare earths, especially the United States. How will China make good use of the development advantages of the rare earth industry in the future? how to improve the development of the industry, monitor and crack down on black rare earths in order to standardize the ecological environment of the industry, and whether the rare earth industry has become a rising star after it has been put forward for strategic development? Whether the rare earth enterprise ushered in the tuyere? How will the price of rare earths go? At the 2019 China rare Earth permanent Magnet Industry Market Application Development Forum, SMM will invite industry experts and enterprise bigwigs to interpret the market focus topics for everyone, and provide technical professional guidance for the high-quality development of enterprises, so as to help enterprises have more advantages in the fierce competition. Welcome to the summit, together with the industry!

"Click to sign up for this summit

Scan QR code and apply to join SMM metal exchange group, please indicate company + name + main business