【摘要】 盗采矿产罪的直接危害结果表现为两方面,一方面是侵占原处于国有矿产资源中的矿石,具有盗窃行为的本质特征,根据2016司法解释可以按盗采所得矿产品的价值定罪量刑,其惩治力度应相当于惩治盗窃罪和盗伐林木罪。另一方面是造成矿产资源破坏,具有故意毁坏公私财物的基本特征,根据2016司法解释可以按造成矿产资源破坏的价值定罪量刑,其惩治力度应相当于惩治故意毁坏公私财物罪。更多还原

【Abstract】 The direct harm of the crime of miscarriage of minerals is manifested in two aspects. On the one hand, it encroaches on the ore that was originally in the state-owned mineral resources. It has the essential characteristics of theft. According to the judicial interpretation of 2016, it can be convicted and sentenced according to the value of the minerals obtained from theft. The punishment should be equivalent to the crime of punishing theft and theft of forest trees. On the other hand, it is caused by the destruction of mineral resources and has the basic characteristics of deliberately destroying public and private property. According to the 2016 judicial interpretation, it can be convicted and sentenced according to the value of the destruction of mineral resources. The punishment should be equivalent to punishing the crime of intentionally destroying public and private property.更多还原