非法采砂在我国分布范围广,持续时间长,给河道防洪等公共安全造成严重危害,但行政处罚又不足以震慑这一违法行为。通过现有的非法采矿罪、盗窃罪、以危险方法危害公共安全罪、破坏交通设施罪等追究非法采砂的刑事责任,存在法律障碍,成功的案例少,为使刑事处罚手段对非法采砂的威慑功能得以有效发挥,我国应在刑法中增设非法采砂罪,有利于公安机关第一时间介入,有效打击非法采砂行为,遏制非法采砂造成的严重社会危害。 Illegal sand mining has a wide range of distribution in our country and lasted for a long time, which has caused serious harm to the public security of river courses and flood control. However, the administrative punishment is not enough to deter this illegal act. Through the existing illegal mining crime, theft, the crime of endangering public safety by dangerous methods, the crime of sabotaging traffic facilities and other criminal responsibility for illegal sand mining, there are legal obstacles and few successful cases. In order to make the criminal punishment means illegal sand mining Deterrence function to be effectively exerted. China should add illegal sand mining crime to the criminal law, which is conducive to the intervention of the public security organ for the first time, effectively cracking down on illegal sand mining and curbing the serious social harm caused by illegal sand mining.