Violence resists investigation, but the law cannot tolerate it —— What happened to the unlicensed mining case of jade mining company in Qiemo County, Xinjiang Uygur Autonomous Region?

In late August 2007, Xinjiang Bazhou Land and Resources Law Enforcement Supervision Detachment received a report that Qiemo County Jade Mining Co., Ltd. (hereinafter referred to as Jade Mining Company) mined jade without a license in Tashayi mining area of Altun Mountain in Qiemo County, and forced the prospectors of Xinjiang Digelan Trading Co., Ltd. out of its legal exploration area and seized its prospecting equipment and jade resources. In this regard, Bazhou detachment organized relevant personnel to investigate and deal with jade mining company's unlicensed jade mining twice in a row.

In September, 2007, Bazhou Land and Resources Law Enforcement Supervision Detachment conducted a field investigation in Tashshayi mining area. After investigation, the jade mining company was responsible for the mining of the jade mine before 1999, and it has been 8 years since then, and the mining license has not been processed. In August, 2007, Qiemo County Land and Resources Bureau issued a document informing Jade Mining Company to stop illegal mining, but the company did not stop illegal mining activities. To this end, the Bazhou detachment issued the Notice of Ordering to Stop Illegal Acts on the spot, and registered and preserved the illegally mined mineral products in advance. On September 9, 2007, Bazhou detachment received a report again, reflecting that the jade mining company was still digging jade and transporting it out of the mine. On September 10, 2007, Bazhou detachment organized a joint investigation team to rush to Tasha Sha Yi mining area to stop illegal mining and confiscate the mined jade mine. In the process of law enforcement, law enforcement officers were intercepted by dozens of unidentified personnel, such as a jade mining company in Tian. They robbed jade with steel bars, shovels and stones, and beat law enforcement officers, five of whom were injured.

On June 65438+1October 65438+June, 2008, Bazhou detachment conducted a joint trial on this case, and suggested to the Corps that it should report to the Department of Land and Resources to suspend the processing of the mining right of Tasha Sha Yi jade mine and other mining rights of the company. In March 2008, according to Article 39 of the Mineral Resources Law and Article 42 of the Detailed Rules for the Implementation of the Mineral Resources Law, an administrative penalty was imposed according to law: it was ordered to stop unlicensed mining; Confiscation of 6635 tons of illegally mined jade; Impose a fine of 50000 yuan.

Qiemo County Public Security Bureau investigated and dealt with Tian and his gang's illegal acts of violently resisting the law and obstructing the execution of official duties according to law. In April 2008, the Qiemo County Public Security Bureau imposed a penalty according to law: Tian was administratively detained 10 and fined 500 yuan; Wu was administratively detained for 7 days and fined 500 yuan.

According to the Administrative Measures for Recovering Confiscated Property and Stolen Money of the Ministry of Finance and the Letter on Transferring Confiscated Materials of Bazhou Finance Bureau, Bazhou Land and Resources Law Enforcement Supervision Detachment handed over 6,635 tons of jade confiscated to Bazhou Finance Bureau for auction, and obtained 1.7029 million yuan, all of which were turned over to the finance.

Analysis of this case is an unlicensed mining case that infringes on others' exploration rights and violently resists law enforcement.

Qiemo Jade Mining Company openly entered the area where others have obtained the exploration right to illegally exploit jade resources, drove away the exploration workers and detained the exploration equipment. Moreover, in the process of investigation and evidence collection by law enforcement personnel, it is not only an unlicensed mining case, but also a typical social security case. Article 41 of the Mineral Resources Law stipulates that those who "steal or rob mineral products and other property of mining enterprises and exploration units, destroy mining and exploration facilities, and disturb the production order and work order of mining areas and exploration areas" shall be investigated for criminal responsibility respectively in accordance with the relevant provisions of the Criminal Law; If the circumstances are obviously minor, they shall be punished in accordance with the relevant provisions of the regulations on administrative penalties for public security. "Article 48 of the Mineral Resources Law stipulates that if a state functionary engaged in the supervision and management of mineral resources exploration and mining is hindered from performing his duties according to law by violence or threat, he shall be investigated for criminal responsibility according to law; Whoever refuses or obstructs a state functionary engaged in the supervision and administration of mineral resources exploration and mining from performing his duties according to law without using violence or threats shall be punished by the public security organ in accordance with the regulations on administrative penalties for public security. These legal provisions are necessary to maintain social order, and are also weapons for mining rights holders and law enforcement personnel to protect themselves. If the prospecting right holder reports the case when his rights are infringed and applies for rights protection, it will not only improve the prestige of the violator, but also reduce the damage to resources and the property losses of the state and enterprises.

In this case, the exploration right holder and the land and resources management department have the following problems: First, the exploration right holder should take the initiative to safeguard his own exploration rights and interests, and report to the local land and resources management department and the public security organ in time when the illegal party enters its legal exploration area and interferes with its normal exploration activities; Second, in the legal exploration area, the illegal mining behavior of the illegal parties has caused damage to their economic interests, and the prospecting right holder can bring a civil lawsuit to the court, demanding that the illegal mining parties compensate the losses caused by illegal mining; Third, Qiemo County Jade Mining Company refused to stop illegal mining after being ordered by law enforcement departments, which has met the elements of a criminal offence. Bazhou Municipal Bureau of Land and Resources should transfer it to judicial organs and investigate the criminal responsibility of the main person in charge of the company.

From this case, we can also see the sinister law enforcement environment of mineral resources, especially in some remote areas. Some effective measures should be taken to improve the law enforcement conditions and protect the personal safety of law enforcement personnel to ensure the smooth implementation of law enforcement.