Illegal Mining And Environmental Destruction Crimes In China
1. Introduction
Illegal mining and environmental destruction in China involve unauthorized extraction of natural resources (minerals, coal, sand, etc.) and activities that harm the environment, such as deforestation, water contamination, and soil erosion. These acts are treated as serious crimes due to their long-term economic and ecological impact.
Legal Framework:
Criminal Law of the PRC
Article 338: Illegal mining of minerals; penalties depend on scale and impact.
Article 339: Environmental pollution causing serious harm.
Article 341: Illegal destruction of natural resources and ecosystems.
Environmental Protection Law of the PRC (2015)
Strengthened liability for companies and individuals causing environmental damage.
Mineral Resources Law of the PRC
Requires mining permits; unauthorized mining is illegal.
Key Principles:
Severity and scale: Larger and more destructive operations attract harsher punishment.
Corporate liability: Companies and managers can be held criminally liable.
Restoration obligations: Offenders may be required to remediate environmental damage.
2. Case Law Examples
Case 1: Shanxi Illegal Coal Mining (2012)
Facts: A coal company in Shanxi province mined coal without permits, causing ground subsidence, water pollution, and deaths of workers.
Offence: Illegal mining, environmental destruction, and negligence leading to fatalities (Articles 338, 339).
Outcome: Company executives sentenced to 5–10 years imprisonment; fines imposed, and mining license revoked.
Significance: Shows the combination of illegal mining and environmental harm increases criminal liability.
Case 2: Jiangxi Sand Mining Crime (2015)
Facts: An organized syndicate extracted sand from rivers illegally, causing riverbank collapse and ecological degradation.
Offence: Illegal mining and environmental destruction.
Outcome: 7 individuals sentenced to 2–5 years imprisonment, with seizure of mining equipment and fines.
Significance: Demonstrates that small-scale, organized illegal mining syndicates are criminally liable.
Case 3: Heilongjiang Illegal Timber Harvesting (2013)
Facts: A logging company cut protected forests without authorization, leading to deforestation and habitat loss.
Offence: Illegal logging and environmental destruction (Articles 338 and 341).
Outcome: Company managers sentenced to 3–6 years imprisonment, company fined, and timber confiscated.
Significance: Highlights criminal liability extends to natural resource crimes beyond mining, including timber exploitation.
Case 4: Guizhou Illegal Zinc Mining (2016)
Facts: Miners extracted zinc ore without permits, discharging untreated wastewater into rivers.
Offence: Illegal mining and pollution (Articles 338, 339).
Outcome: Miners and company officials sentenced to 4–7 years imprisonment; companies required to pay for environmental remediation.
Significance: Shows courts consider both illegal extraction and pollution when determining criminal liability.
Case 5: Yunnan Copper Mine Explosion (2014)
Facts: Unauthorized copper mining caused an explosion, killing workers and polluting nearby rivers.
Offence: Illegal mining, environmental destruction, and negligence causing deaths.
Outcome: Executives sentenced to 7–12 years imprisonment, fines imposed, and mine closed.
Significance: Combines environmental crimes with workplace safety violations, increasing severity of punishment.
Case 6: Henan Quarry Sand Theft (2017)
Facts: Local residents illegally extracted sand from riverbeds for construction, causing erosion and flood risks.
Offence: Illegal mining and environmental damage.
Outcome: Organizers sentenced to 1–3 years imprisonment; rivers restored and fines collected.
Significance: Illustrates that even small-scale illegal mining for personal profit is criminally punishable if it harms the environment.
Case 7: Xinjiang Oil Field Illegal Extraction (2018)
Facts: Oil company extracted crude oil without environmental permits, causing oil spills and soil contamination.
Offence: Illegal extraction and environmental pollution (Articles 338, 339).
Outcome: Company managers sentenced to 5–8 years imprisonment, environmental fines imposed, and remediation ordered.
Significance: Corporate liability and environmental protection are central to modern criminal law enforcement in China.
3. Observations Across Cases
Combination of offences: Illegal mining is often paired with environmental destruction, negligence, or pollution, leading to heavier sentences.
Corporate and individual liability: Both company executives and workers can be criminally liable.
Scale and impact matter: Larger operations and serious ecological damage result in longer prison terms.
Restoration obligations: Courts increasingly require offenders to remediate environmental damage.
Preventive and deterrent role: Harsh penalties aim to deter illegal extraction and protect ecological systems.
4. Conclusion
Illegal mining and environmental destruction in China are treated as serious criminal offences under Articles 338, 339, and 341. Cases like:
Shanxi Coal Mining (2012)
Jiangxi Sand Mining (2015)
Heilongjiang Timber Harvesting (2013)
Guizhou Zinc Mining (2016)
Yunnan Copper Explosion (2014)
Henan Quarry Sand Theft (2017)
Xinjiang Oil Extraction (2018)
demonstrate that both individuals and corporations are liable for ecological crimes, and sentence severity increases with harm to the environment and public safety.
Criminal enforcement in China increasingly integrates ecological protection, corporate liability, and restitution, signaling a robust approach to preventing environmental degradation.
RELATED Blog
comments