Analysis of Legal Dogmatics of the Crime of Illegal Mining

The crime of illegal mining is the destruction of the value of mineral resources in respect of economy, environment and safety. The judgement of administrative violations of the crime of illegal mining is reflected in two aspects: the judgement of general administrative violations and administrative violations in crime elements. General administrative violations are pre-existing provisions of decriminalization, which have the non-crime function and the function of normative guiding. The main content of the judgement of administrative violations in crime elements is whether the actor has obtained the mining administrative license. The penalty boundary of the subject should be judged based on objective factors such as the actor's capital contribution, the name of the actor when he acts, his role in unlicensed mining, etc., as well as the actor's culpability of unlicensed mining. The damages of the crime of illegal mining to economic value should be interpreted doctrinally within the framework of existing legislation and judicial interpretation; the damages to the ecological environment should be judged from the destruction of ecological maintenance function; the damages to the security value should be set in the form of abstract potential damage offense. The amount of criminal fine imposed on illegal mining crime should be comprehensively judged in combination with administrative fine, based on the nature difference of negative evaluation, taking the homogeneity of punishment content as the link and giving consideration to the possibility of realization, so as to reflect the criminal negative evaluation of illegal mining action. The relationship between criminal fines and damages shall be classified according to the different nature of damages.