Too Bad I Take Things Seriously

Regarding the filing standards.

The mineral resource loss must amount to at least fifty thousand yuan.

It’s important to note.

According to the Land Resources Law, resources such as water and land belong to the state.

Private individuals can occupy and use them.

But do not hold ownership.

The same applies to water resources; unauthorized exploitation is prohibited without approval or authorization.

As for why water resources are classified under mineral resources...

This relates to the Mineral Resources Law.

According to the Mineral Resources Law, mineral resources refer to naturally occurring, economically valuable resources in solid, gaseous, or liquid states due to geological actions.

They are divided into four categories.

Firstly, energy minerals like coal, oil, and natural gas.

Secondly, metallic minerals like gold, silver, copper, iron, and tin.

Thirdly, non-metallic minerals like diamonds, graphite, and volcanic ash.

Fourthly, vapor minerals like groundwater, spring water, carbon dioxide, and dihydrogen dioxide.

Thus.

Any unauthorized or unpermitted drilling of wells or extraction of groundwater is an illegal infringement on mineral resources.

Apart from water resources.

Collecting carbon dioxide, dihydrogen dioxide, etc., from the air also constitutes illegal mining.

Indeed.

Even collecting air can sometimes be a crime!

However...

For ordinary people, digging wells and using the water on their own does not constitute illegal mining.

Because within the criminal composition of this crime...

Two critical conditions are intention and the purpose of profit.

The defendant was found guilty of illegal mining because he knowingly violated the law by deliberately extracting groundwater to cut costs and make a profit.

In the countryside.

While many villagers dig wells at home for convenience.

They do not sell the water resources or use them to make a profit, so it does not constitute a crime.

"I’ve learned something new."

Qing Lan, after reading the detailed content in this prominent post, had a suddenly enlightened expression.

This post explained things in great detail.

From the perspectives of crime exclusion, conviction, and sentencing, it analyzes the illegal mining crime thoroughly.

Anyone with a basic understanding of the law...

Can understand it.

And below this post, many layers of comments instantly emerged.

First comment: Thanks to the original poster, wishing you peace and happiness.

Second comment: I’ve learned a lot, but I have a question. If I am a farmer and drill a well for irrigation, using a hundred tons of water daily, would this constitute a crime?

Third comment: It depends on whether irrigation is considered a profit-making activity; personally, I don’t think it is. Let’s see what the fourth comment says.

Fourth comment: This is clearly a profit-making activity. I irrigate to make money, right? Let’s see what the fifth comment says.

Fifth comment: The fifth comment is confused, let the sixth comment say something.

Sixth comment: In my opinion, whether it is profit-driven depends on who files the lawsuit. If it’s against me, even the other side’s lawyer would be in trouble.

Seventh comment: I’m a lawyer, and this should not constitute a crime because it does not comply with the three-tier theory of crime construction.

Eighth comment: I’ve heard of the three-tier theory; apparently, it really doesn’t meet the criteria, so it won’t constitute a crime.

Ninth comment: What’s the three-tier theory?

Ninth comment: I always feel out of place in this forum. We all have nine years of compulsory education; why are you all so knowledgeable?

Tenth comment: Let me explain; the three-tier theory refers to the three conditions that must be met for a crime to constitute: conformity to the composed elements, illegality, and culpability. Conformity refers to engaging in the mining behavior prescribed by criminal law, illegality refers to violating relevant laws, and culpability means the perpetrator must bear responsibility for the act.

Eleventh comment: I also studied the three-tier theory before. All three conditions must be met for a crime to be established.

Twelfth comment: I still don’t get it.

Thirteenth comment...

Qing Lan was just as confused as she read the comments left by netizens.

She thought for a long time but didn’t figure it out.

This three-tier theory is something Qin Mu had never mentioned to her.

Moreover.

Just from the definition, she still couldn’t quite understand it.

If a rural farmer extracts a large amount of groundwater for irrigation, the behavior does meet the criteria for illegal mining.

The illegality is also satisfied as it is a profit-making activity.

If the perpetrator is an adult, they should fully bear the responsibility for their actions.

Along with many other netizens.

Even with the theory, they could not grasp the logic within.

Luckily, it wasn’t long before.

On the 176th floor, a netizen helpfully answered everyone’s concern:

"While conformity and illegality are satisfied, culpability is not because using well water for irrigation has existed since ancient times. Even if the perpetrator engages in illegal mining, he should not be held accountable for the behavior."

This is quite complex.

The confirmation of criminal charges in penal law emphasizes responsibility alignment; that is, whoever commits the criminal act must take corresponding criminal liability.

But the extraction of well water by farmers for irrigation...

Is clearly influenced by traditional agricultural practices; the fault does not rest with individuals, and it’s a widespread phenomenon.

Even if all actions constitute illegal mining, and the actions are intentional, they should not be treated as crimes.

...

Jin City.

A certain Intermediate Court.

First Criminal Trial Court.

After a prolonged three-hour continues accusation, the public prosecutor finally finished accusing over six hundred people’s criminal acts.

In the meantime.

The public prosecutor was parched and drank several bottles of mineral water.

Qin Mu sat in the witness stand.

Bored, he mentally counted the number of charges the prosecutor was making.

A total of eighty-nine.

"These defendants... have an extremely thorough understanding of criminal law."

Qin Mu couldn’t help but sigh, as he twitched the corner of his mouth.

You must know.

In the "Criminal Law", the total number of charges adds up to just 422.

Among them, 48 are negligence crimes, accounting for 11%, and 374 are intentional crimes, accounting for 89%.

And these over six hundred defendants...

Directly accounted for nearly a quarter of the criminal charges.

This is unprecedented and probably never to be seen again.

These defendants span various industries, involving dozens of fields, including taxation, personal injury, smuggling, etc.

The crimes mentioned in his previous videos were all present in these defendants, with even more serious circumstances.

"After the trial ends...I can specifically use these charges to create video material and explain them one by one."

Qin Mu’s eyes glinted slightly as he silently thought to himself.

These dozens of charges...

Some are very popular, which everyone generally knows, such as intentional injury, property damage, etc.

And some are rather obscure, like illegal mining, forced transaction, impersonating government officials, victim of fraud, etc.

One defendant illegally extracted groundwater by digging a well at his bath center, constituting illegal mining.

And one fish seller at the market forced others to buy or sell forcibly, constituting a forced transaction.

Forced transaction crime refers to coercive buying or selling of goods or services, compelling others to provide or accept services through violence or threats, with serious circumstances.

Pigeon 🍎 jumping also falls under this category.

This crime is somewhat similar to extortion and blackmail, both involving coercive methods.

But instead of directly possessing property, it uses seemingly legitimate means for transactions.

There’s also a rather odd defendant.

Loves impersonating a traffic officer to direct traffic or a police officer to mediate disputes in the community, custom-making several sets of "professional uniforms".

And such behavior...

Directly constitutes impersonation and fraud, referring to acts of fraudulently posing as state personnel for illegal gains, damaging the credibility and regular activities of state agencies.

Even without obtaining property fraudulently, it constitutes a crime.

Additionally.

There is victim fraud...

This charge sounds very absurd.

Instead of defrauding others, being defrauded is also a criminal act.

In the prosecutor’s allegations.

One accused fell under the victim fraud charge, losing nearly three million yuan to an overseas gang while handling a company contract.

Result...

The overseas gang, caught due to involvement, also revealed this defrauded person.

Directly bringing him in as well.

The crime he committed was formally known as contractual negligence resulting in fraud.

In criminal law, this refers to serious negligence leading to scams during contract signing or performance, or severe negligence by employees of financial institutions or foreign trade companies causing major foreign exchange scams or evasion, leading to significant company losses.

This charge...

Targets those derelict, inert employees.

Regarding filing.

It requires causing the relevant unit to go bankrupt, cease operations or production for over six months, have licenses revoked, or suffer enormous national losses.