Law

Strictly Punish Crimes of Destroying Black Soil Resources, Two Highs Release Latest Judicial Interpretation

2025-05-07   

Black soil is a precious soil resource on Earth. The black soil region in Northeast China is one of the only three large black soil regions in the Northern Hemisphere, with an area of 1.09 million square kilometers. It is an important grain production base and ecological barrier in China. In order to implement the relevant requirements of the Law of the People's Republic of China on the Protection of Black Soil, strengthen the protection of black soil resources, and severely punish illegal and indiscriminate excavation of black soil and other behaviors that damage black soil resources and ecological environment in accordance with the law, the Supreme People's Court and the Supreme People's Procuratorate issued the "Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Law in Handling Criminal Cases of Destroying Black Soil Resources" (hereinafter referred to as the "Interpretation") today. The Interpretation consists of 14 articles. The main content includes: firstly, it stipulates the criteria for determining and convicting the crime of illegally occupying agricultural land by destroying black soil. The Interpretation adopts a comprehensive recognition model for the provision of Article 342 of the Criminal Law on "illegally occupying farmland, changing the use of occupied farmland, and causing damage to farmland", and sets different thresholds for criminal offenses for permanent basic farmland and black soil outside of permanent basic farmland. For permanent basic farmland, illegal occupation and destruction of up to "three acres" or illegal excavation of black soil up to "five hundred cubic meters" can be punished; For black soil outside of permanent basic farmland, illegal occupation and destruction of up to "six acres" or illegal excavation of black soil up to "one thousand cubic meters" can be punished, and the protection of food security can be strengthened. The second is to regulate the handling of illegal mining of black soil, which belongs to mineral resources. The Interpretation clarifies that illegal mining of black soil, which belongs to mineral resources, in practice can be convicted and punished for the crime of illegal mining. The third is to regulate the handling of serious pollution of black soil. The Interpretation implements the requirements of the Black Soil Protection Law for preventing and controlling black soil pollution. According to the provisions of the Criminal Law, illegal discharge, dumping or disposal of radioactive waste, waste containing infectious disease pathogens, toxic substances or other harmful substances on black soil in violation of national regulations, which seriously pollutes black soil, shall be convicted and punished for the crime of environmental pollution. The fourth is to stipulate the handling of concealing and concealing criminal behavior. In order to combat the illegal buying and selling of black soil, the "Interpretation" clarifies in accordance with the provisions of the Criminal Law that those who knowingly purchase or sell black soil obtained through illegal digging, indiscriminate digging, and other crimes shall be convicted and sentenced for the crime of concealing or concealing criminal proceeds and profits. The fifth provision stipulates the handling of specialized factual issues. In response to the practical needs of determining specialized factual issues in handling criminal cases of damaging black land resources, the Interpretation stipulates that the determination can be made based on appraisal opinions, determination opinions, reports issued by relevant institutions, and other evidence. In addition, the Interpretation also stipulates the rules for the application of competition and cooperation, the handling of unit crimes, the cumulative calculation of quantity and amount, the comprehensive determination of social harm, the connection of execution, and the handling of destructive behavior against black soil outside of cultivated land. The drafting of the "Interpretation" follows the following principles, according to the relevant person in charge of the Two Highs. The drafting of the "Interpretation" mainly follows the following principles: adhering strictly to the law. The "Interpretation" adheres strictly to the provisions of the Criminal Law, Criminal Procedure Law, and Black Soil Protection Law for interpretation, accurately grasps the legislative intent and spirit, conscientiously implements the principle of legality of crimes and punishments, adheres to the criminal policy of balancing leniency and severity, and ensures the strict and fair trial of criminal cases that damage black soil in accordance with the law. According to the relevant provisions of the Criminal Law on the crimes of illegal occupation of agricultural land, illegal mining, and environmental pollution, the "Interpretation" clarifies the application of laws and judicial rules for various types of criminal acts that damage black land resources, and distinguishes the correct conviction and sentencing for different types of criminal acts that damage black land. Adhering to a problem oriented approach, the "Interpretation" mainly focuses on the prominent issues and practical difficulties in the judicial process of criminal cases of destruction of black land discovered through research, such as the application of charges, the standard of conviction and sentencing, and the difficulty in determining facts, providing a basis for law enforcement and case handling. For example, regarding the issue of how to convict and sentence illegal excavation and indiscriminate digging of black soil in practice, the "Interpretation" refers to the practice of using the volume (cubic meters) of black soil as the administrative penalty standard in the Black Soil Protection Law, and clarifies that the volume (cubic meters) of black soil excavated can be used as a criminal standard for the crime of illegal occupation of agricultural land, effectively strengthening the criminal law network. Adhering to the strict punishment of "Interpretation" and implementing the spirit of the Black Soil Protection Law to impose heavier penalties on acts of damaging and polluting black soil fully reflects the determination and clear judicial orientation to crack down on crimes of damaging black soil resources and strengthen the protection of black soil. For example, based on the previous judicial interpretations on the conviction and sentencing standards for the crimes of illegal occupation of agricultural land and environmental pollution, the Interpretation has appropriately lowered the standards for conviction and upgraded sentencing. (New Society)

Edit:Lin Bodan Responsible editor:Li Yi

Source:CCTV

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