Rampant theft of sand caused ecological disaster has formed a complete interest chain

This reporter Shanting if not a "man-made disaster", this production in the sea, a single particle for more than 0.063 mm, the composition, appearance and ordinary river sand and no two-induced gravel, still sleeping in the public's view. This kind of offshore placer resource ("sea Sand") is widely distributed in China, which is the second largest marine mineral resource after shelf oil and natural gas.　　Especially, there is a great potential for the extensive construction placer resources in the shelf area, which has the realistic possibility of resource utilization.　　Since the beginning of the early 80, with a wide range of construction uses sea sand is gradually known, explore, the sea sand stolen, indiscriminate fate will follow, and today, there is an increasingly rampant trend. Rampant theft of sand caused by ecological disaster "before the 80 's, the Chinese people's understanding of the sea sand is almost a blank, while the United Kingdom, the United States, Canada, Japan and other countries to develop and utilize the sea sand has been decades of history." Mara, deputy researcher of the China Geological Survey's Qingdao Marine Geology Institute, briefed the Chinese youth daily.　　Since 2002, he and his team have been conducting research on the "China Offshore sand and related resource potential survey" project. In our country, the first sand-mining heat began in the early 90 in the late 80, initially only the development of coastal zone or intertidal zone of the sea sand resources. Since the middle of the 90 's, the construction of large-scale offshore projects (such as sea-airports, amusement parks) requires a large number of sea sands, and domestic economic development needs sand is also very large. At the same time, the environmental effects of land placer mining caused by farmland, water source and vegetation destruction are more and more serious, and the land sand source is gradually reduced. "At home and abroad stimulated by dual factors, triggering the second sea sand heat in China."　　"Mara introduced.　　With the enthusiasm of people to develop the sea sand is born, is almost crazy illegal seizure. "Although a large number of mining value of the sea-sand deposits, but due to the strict mining rights approval process, the real large-scale development of a few, the majority of small-scale mining, and disorderly and random mining, the majority of stolen." Not only caused a large amount of waste of resources, the country's huge loss of tax revenue, but also caused by the increasingly prominent environmental problems, sea sand development and other areas of the use of the function of the conflict is increasingly sharp.　　"Mara said. "1994, at that time, Qingdao offshore second anchorage of the depth of the sea is 7 meters of sand, to 2009, at sea level 30 meters below to see sand." "Shandong Province Qingdao Huangdao District Wei Deputy Secretary Kian is a witness of the disastrous effects of sand theft in the past more than 10 years, to its deep impression, the ancient sand dune at Anchorage second is also the natural breeding area of the national level two protection animal Amphioxus, as well as the noodle fish and swimming crab, and the habitats of these marine organisms are seriously damaged as the sea sand is stolen.　　A sharp decline in the number.　　Qingdao Huangdao District Sea Surveillance Brigade related responsible person has witnessed shore fishermen each boat can salvage seven hundred or eight hundred Jin noodles fish, swimming crab, and more than 10 years ago, this figure is three or four tons. In the late 90, Mara to a coastal village in Shandong province, before he understood that the distanceAbout 150 metres from the beach.　　At the scene, he was shocked: because of the serious theft of sea sand, the beach has retreated to many villagers before the house, and even cut off the village road, and all this happened only within two years.　　According to the Chinese Youth Daily News reporter understands, the stolen excavation near shore Sand had made the Rizhao partial coast line to retreat 100 meters; in the late 90, due to the indiscriminate exploitation of the sea sand caused Yantai Long I. County accident, hundreds of houses collapsed.　　Kian introduction, the distance stolen only three or four nautical miles of Gold Beach has always been famous for the scenery alone, can be described as the tourism brand Huangdao Development zone, and because of the nearby waters stolen sand serious, golden sand sand has been reduced trend, integrity has been destroyed, this tourism resources are suffering from an unprecedented threat. How long is the chain of interest? If it is not the drive of huge profits, it is impossible to steal the sand. "With the sand pirates for many years of dealings, in the eyes of Kian, these people are the absolute" sand rats.　　According to Kian, according to the current grasp of the situation, the theft of sand has formed a complete chain of interest. "Generally, the cost of each sand-stealing ship is 2 million or 3 million yuan to 20 million yuan, excluding the cost of oil, manpower and excavator, sand suction pump, sand suction pipe and other equipment costs, the stolen mining sand is almost 0 cost."　　"Kian said.　　So, how big is the profit space that makes "sand mice" flock to? Qingdao Huangdao District Sea Surveillance Brigade a law enforcement personnel to our reporter calculate such a account: At present they seized the largest stolen sand boat cost of 20 million yuan, the captain of nearly 70 meters, a total of 12 suction sand pump, two excavators, the ship has 13 employees. It is such a ship, each can dig more than 3,000 cubic sand, two hours to dig full, on average every 3 days stolen.　　If the price of $60 per cubic metre is calculated, the profit will be 180,000 yuan each time, and the full cost will be recovered in more than one year. "Of course, this is not the highest price of sea sand, used for reclamation of the sand in the Tianjin Binhai New area to the shore price even up to nearly 140 yuan per cubic meters, after deducting the cost of freight, each cubic can make a net profit of dozens of yuan." This directly led to Liaodongwan in the east bank, the West Bank and the southern Bohai Bay, Laizhou, Long I. and other land of the stolen mining sea sand phenomenon is extremely serious.　　Mara to the reporter to disclose. At present, at the Qingdao Huangdao District Xuejiadao ferry port near the shore moored 4 seized the stolen sand boat. In the scene, the reporter saw each ship although the size of different, but suction pump, excavators and other equipment readily available. These ships were seized during the sand-blasting, so each ship contained different depths of sea sand, more than 30 meters long sand suction pipe Pan in a ship's white sea sand.　　It is not difficult to imagine how these black pipelines extend into the deep viscera of the sea and, with the cooperation of suction pump machines, greedily seize the mineral deposits of the sea. "At present, we have seized the stolen sand vessels and seized them immediately, and the confiscated vessels were handed over to the judiciary as exhibits." It is understood that the court will be processed through the auction process, in order to prevent the ship again into the sand-stealing operations tool, the court will be the auctioneer's purchase to closely follow. "KianShaoxing。 It is not only shocking but also thinking that the crime of entering the penalty is still difficult to contain.　　Among them, this behavior should not be punished by the criminal law, the crime of what to become the focus of attention. Liu Huirong, professor and Ph. Ocean University, Faculty of Law and Law. Since 2007, the long-time scholar of environmental law has been training the law enforcement agencies of China's maritime watchdog every year. In her impression, the first to ask her to steal mining sand related legal issues from the South Sea.　　Since then, Liu Huirong has been surprised to find that more and more trainees around the training mentioned the case of the theft of sea sand, "see the frequency of such cases in the coastal regions." "In our country, whether the sea area uses the management law, or the Marine environmental Protection Law, does not have the clear special article stipulation to steal the mining sea sand behavior to undertake the legal liability, this has brought the legal blank to the law enforcement."　　"Liu Huirong said. In the summer of 2010, Qingdao Huangdao District Wei specially invited legal experts to convene a small seminar on the theme of the theft of sea sands should not be punishable. Experts from Shandong University of Science and Technology, Qingdao University of Science and Technology, China Ocean University, as one of the participants, Liu Huirong recalled that the seminar was held in the context of the time when Yantai Laizhou has begun to introduce criminal law to deal with the sand theft incident. However, the problem has not been paid attention to in the Legal theory field.　　"Liu Huirong said.　　Compared with the present administrative punishment is not enough to curb the current situation of sand-stealing, the experts finally reached a unanimous view that the theft of sea sand behavior should be entered into the sentence, but there is still a lot of controversy on what counts.　　Liu Huirong to the Chinese youth Daily Reporter, the controversy focuses on 3 counts: illegal mining crime, theft, endangering public security by dangerous means. "The object of larceny is generally public and private property, the sea sand is the national resources, should belong to this category."　　"Liu Huirong said that, in view of the rampant theft of sea sand phenomenon, many jurists believe that the crime of theft is relatively light. In addition, Liu Huirong that the dangerous way to endanger public security crime, also biased. "In criminal law, the provisions of crimes against public security, such as arson, water, explosion and other acts of endangering public safety, according to the criminal law uphold the principle of legality, in the enumeration of the acts did not include excavation sea sand, then it does not belong to the list?" From my understanding of the law, I do not think that this cut can be casually put. If a person is allowed to expand his or her interpretation at will, it may lead to the consequences of a law-ruling. Even if there is a need to broaden the interpretation, it should be interpreted by the NPC and its Standing committee or by a judicial interpretation before it can be applied. "Illegal mining crime is mainly based on China's mineral resources law, without legal procedures, not to obtain mining rights of mining practices, should apply this charge." However, the above 3 charges are related to a problem, namely how to determine the nature of sea sand.　　"Liu Huirong said. In Liu Huirong's view, sea sand has two properties: Resource attribute and ecological attribute as an indispensable part of marine ecology. "Theft of sea sands,The crime of illegal mining and the crime of endangering public security by dangerous means are mainly aimed at the resource attribute of the sea sand, but this behavior brings more harm to the marine ecology. Because once the marine ecology is destroyed, the consequences of damage may continue to expand and be difficult to recover. From this point of view, I think that the criminal law should pay more attention to the marine ecological components of sea sand property.　　"Administrative enforcement of the five dragons to make the sea" in addition to criminal responsibility, illegal sand mining involves the responsibility of civil and administrative responsibility. Liu Huirong that from the angle of civil liability, the main body of the civil compensation for the theft of sea sands should be the state. "In addition to the sea area that has been allocated the right to use the sea, the ownership of the sand should be the state, but in the case of civil compensation, government departments are still in a state of omission." In the face of the near-rampant piracy of the sea sand, our government administrative law enforcement has been exhausted, more talk about the civil liability for investigation.　　"and administrative responsibility, in Liu Huirong appears to be the most realistic and direct adoption of the current punishment of the theft of sea sands, mainly to order corrections, seizure of illegal working tools, confiscation of illegal income, and fines." According to the Qingdao Marine Environmental Protection Regulation, the maximum penalty for this behavior is 200,000. But as far as I know, an illegal sand-mining boat can earn 1 million a night, they are often mobile operations, even occasionally caught, confiscated illegal income, its illegal profits still far outweigh its costs. Therefore, after the cost-benefit analysis, most of the offenders will choose to take the risk, continue to engage in the theft of sea sand behavior. So at present, the administrative punishment is far from enough. "From the legal level, the reason why we are concerned about the criminal responsibility for the theft of sand, but also because the administrative responsibility to punish the strength is not enough."　　"Liu Huirong advocates that the criminal responsibility, civil liability, administrative responsibility three kinds of responsibility for sharing, very good configuration, in order to more vigorously combat the theft of sea sands behavior." In addition, marine management has long been the so-called "five dragons make the sea" situation is also criticized. "The law enforcement department is too many, multiplicity, and because of the restriction of the administrative division, make to the illegal sand mining behavior of the mobile crime, the law enforcement Department of every place is difficult to exert actual effect, so it is best to implement regional linkage." In the local area, the Joint Meeting system is implemented by the relevant departments, and the joint action of the Maritime Supervision, public security and border control departments is formed to effectively combat illegal sand-mining activities.　　"Liu Huirong said. At present, Qingdao Huangdao Development zone has been trying the joint law enforcement among various departments, and achieved some results.　　As of October 2010, a total of more than 60 voyages to the sea, seized illegal stolen sand boat 11, of which 37 people detained, arrested 5 people, a fine of more than 600,000 yuan. October 2010, Qingdao local media published a "Sea Sand ' home" report.　　reported that Huangdao Development Zone Wei Joint public security, marine and Fishery Bureau, Border Brigade and other departments of joint law enforcement, will be seized of more than 20,000 cubic sand returned to the stolen waters. "In fact, only a few sand into the sea, more sea sand can not find the ' home ' road." "Mara not withoutSaid anxiously.