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非法煤矿是黑企业,是国有矿产资源的侵吞者;非法开采是典型的侵占行为,是将国有矿产资源据为己有的恶劣手段。它们有的暗中盗采,有的公开挖掘。对这种不被法律承认的煤矿,政府的作法应该是毫不犹豫地依法取缔,根本就没有义务对其进行监督管理;否则,就是养虎遗患。尤其是将它们虚拟为安全生产的责任主体,用有关安全生产的法律法规去进行规范,这就会产生某种误导,使一些人“以生产方式犯法情有可原”的主张,成为封建法治“窃钧者诛,窃国者侯”的翻版;还会让那些精于投机的非法采矿者从中悟出“安全侵占”的歪理。这种误导的后果,不仅破坏市场秩序,废掉人们判断是非的能力,使精神生活出现错乱,使社会公德丧失标准,还会毁灭全社会好不容易建立起来的法治雏形。
Illegal coal mines are black enterprises and are misappropriators of state-owned mineral resources. Illegal mining is a typical act of encroachment and a bad measure to make state-owned mineral resources their own. Some of them secretly Pirates mining, and some open mining. For such a coal mine that is not recognized by law, the government should ban it according to law without any hesitation, and it will have no obligation at all to supervise and control it. Otherwise, it will become a legacy. In particular, they should be hypothesized to be the main body of responsibility for safe production and governed by the laws and regulations on safe production. This will give rise to some misleadingness and make some people “claim that they are law-abiding by means of production and become the rule of feudal law ”Steal Jun who punish, steal the country Hou“ a copy; will also be able to speculate that the illegal miners from which realize the ”safe encroachment" of the distortion. This misleading consequence not only undermines the market order but also abolishes the ability of people to judge their own right and wrong, deranges their spiritual life, loses their standard of social morality, and ruins the rudiment of the rule of law that the whole society finally built up.