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违法行为性质的界定直接影响行政处罚决定,违法行为的性质界定是否准确直接影响执法是否公正.全国违反矿产资源法规的案件很多,至1992年底,全国查处的违反矿产资源法规的案件有两万多起.各种案件的案情不一,违法行为多种多样,如何准确定性是工作中的难点.笔者就几种常见的违反矿产资源法规的行为进行分析,对同一性质的违法行为加以区分,以便执法过程中易于掌握,做到定性准确,量罚适当.不当之处,请同行指正.无证开采 无证开采行为是指管理相对人未经矿产资源管理部门审批同意,没有依法取得开采许可证而擅自从事矿产开发
The definition of the nature of the illegal behavior directly affects the decision of administrative penalty. The accuracy of the nature of the illegal behavior directly affects whether the law enforcement is just or not. There are many cases of violations of mineral resources laws and regulations throughout the country. By the end of 1992, there were more than 20,000 cases of violations of mineral resources laws and regulations investigated and punished throughout the country. From the fact that various cases have different situations and various types of illegal activities, how to determine quasi-determinism is a difficult point in the work. The author analyzes several common violations of mineral resources laws and regulations, and distinguishes between violations of the same nature. In the process of law enforcement, it is easy to grasp, so that it is accurate and accurate, and the amount of penalty is appropriate. Improper, please peer correction. Unlicensed mining unlicensed mining behavior refers to the management of the relative without the consent of the mineral resources management department approval, did not obtain the mining license in accordance with the law Unauthorized mineral development