非法采矿牵连犯罪及其附带民事诉讼研究

Illegal Mining Implicated in Crime and Its Incidental Civil Action

非法采矿的犯罪不完全是非法采矿罪,非法采矿犯罪牵连盗窃罪和抢夺罪。盗采国有矿产物权占为己有是非法采矿的直接目的,也是所牵连犯罪的目的。犯罪目的的实现,导致国有矿产物权的损失,这是非法采矿牵连犯罪可提起附带民事诉讼的理由。法定授权国土资源部门管理矿产,管理者是附带民事诉讼的原告。从历史与现实来看,检察机关提起附带民事诉讼的制度应当废止。国家损失矿产物权的价值范围、价值认定,是刑事与民事诉讼的基本证据,但由国土资源部门出具鉴定结论有失公平。非法采矿的共同犯罪形态,是民事连带责任承担的前提,也是必要共同诉讼的依据。

Commiting a crime of illegal mining is not illegal mining crime. The crime of illegal mining implicated in the theft and snath crime. The illegal mining of state-owned mineral property for himself is the direct purpose of illegal mining and implicated in crime. Achieving criminal purposes resulting in the loss of state-owned mineral property rights, is the reson to implicated in crimes of illegal mining to file incidental civil action. Statutory authority land and resources to manage mineral, and the manager is the plaintiff of incidental civil action. From the history and reality, the procuratorial organs filed an incidental civil action system should be abolished. The vale range and identified of national loss of mineral property rights is the evidence of crimial an civil litigation, however, it is unfair that the identification of the conclusions are issued by the Ministry of I.and and Resources. The common patterns of crime of illegal mining isthe premise of civil joint responsibility and the basis of the need for joint action.