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The following article was published in our article directory on August 13, 2010.
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Profits Under the Human

Article Category: Business Management

Author Name: xia zihui

The dilemma of the traditional law enforcement

Owing to the huge profits to attract and maritime surveillance of law enforcement law enforcement officers often encounter violent resistance to law.

Huangdao district party committee Political Director Qide Gang Enforcement Inspector introduced the general sand on board will have 10 or more of the crew and the boat is equipped with sticks, knives, bottles and other objects. The board of law enforcement officers to only 35 people, nearly every law enforcement, law enforcement officers will encounter not with the phenomenon.

May 26 evening, the sea Huangdao district supervisor of a brigade in the southern provinces of boarding a boat of illegal sand mining, the three law enforcement officers were on board, 11 crew members with sticks, knives, bottles and other artifacts held hostage sea sand mining boat to escape to the south at full capacity. After hearing the news, maritime police have been tracked Lianyungang area before law enforcement officers will be saved.

The huge profits, illegal sand mining personnel also built up an invisible information network. They have special staff offices at the law enforcement officers, ocean surveillance ship terminals and other places on law enforcement and monitoring of vessels.

"Almost every time we the maritime law enforcement, the illegal sand mining vessel will know ahead of time." Law enforcement officials told us that they have a sea patrol accidentally found that a fishing boat saw them immediately after the notice is illegal communications equipment at sea sand mining vessels, so they rushed to the site, the sand has already caught on boats fled.

Evidence in law enforcement, maritime surveillance department law enforcement officers can only sand is illegal Daowa vessels punishment, on the Kongshi, with vessels not entitled to penalties.

Moreover, the current forms of punishment only penalty for illegal sand mining workers can not form an effective deterrent.

The predicament of the traditional administrative law enforcement, Shandong University School of Law, JD Wu Lizhi Wen said that currently, the behavior of sea sand for Dao Wa, means of regulation can be taken mainly for administrative punishment, the main legal basis for the "Marine Environmental Protection Law "" The People's Republic of China Mineral Resources Law (Revised) "as well as provinces, municipalities and the development of local regulations.

"However imperfect the Executive and Legislative and administrative penalties own characteristics, determined solely by means of administrative penalty has been unable to curb the increasingly serious Daowa sand behavior." Zhi Wu said, China's current executive and the legislature's provisions are too general, lack of operational of implementation details, resulting in lack of law enforcement and law enforcement is not based on unity, not to act against illegal destruction of mineral resources to provide comprehensive, effective and timely basis for enforcement. In addition, the lack of tools of crime law's administrative penalties, resulting in a "here End side then fine illegal" situation, "more money than drug trafficking, drug trafficking is more secure than" This is one image of the illegal sand mining act general.

Into the criminal encounter a lot of controversy

"If the parties subject to administrative penalties only, which is obviously not enough, the parties should be investigated for criminal responsibility according to law." Wu determined that "the developed countries in the protection of mineral resources, the criminal law has played a leading role."

To effectively combat Daowa sand acts, Huangdao district party committee has called a special meeting of Political Theory seminar. Experts believe that China's presence around the major illegal sand mining Daowa crime, theft, crimes of three counts of endangering public safety, academia, law enforcement remains contentious.

"Legal Daily" reporter has learned that in judicial practice, many tend to apply to theft.
But Wu is unequivocally determined on the "theft" to say "no": "This is based on 'evidence is easy, penalties are heavier, are conducive to further curb the behavior of the current illegal sand mining' this consideration is a utilitarian approach , will lead to an appeal against a decision affecting the authority of the law. "

Wu determined that the crime of illegal mining, the reason why law enforcement officers from around the welcome is because of "'ordered to stop mining after refusing to stop the exploitation of' crime as a condition of entry, conditions of incrimination tight; not only requires the value of the amount of damage caused to the mineral resources in more than 50,000 yuan, but also by the geological department at the provincial level or above issued by the conclusion of the mineral resources in the identification of delay, evidence of the high cost. In addition, punishment to the crime of illegal mining lower than theft, theft from the criminal point higher than that Paradox in the guilt phase to adapt the principles of criminal law. "

It is understood, Yantai City, Shandong Province, Laizhou City, the joint political and legal system all the relevant departments, to crack down on stolen sand behavior.

"Vigorous and resolute joint enforcement after all, not long-term mechanism, the system should solve the problem. Countries do not have the special environmental conditions for the sea sand and mineral resources under the management of special laws and regulations, China's urgent need to establish a more comprehensive sand management regulations, norms of marine environmental protection and rational utilization of marine mineral resources. "participating experts.

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