Research On The Protection Of The Chinese Land Resource By Criminal Law

Land is an important resource on the people's livelihood, for our China's condition that there is a large populated and not enough land , land resource is more important .?Early in the 20th century,"effective protection of every inch of land, full use of every inch of land"was founded as our basic policy. The slogan"hold the red line of 18 million mu of arable land firmly"Shows that the number of cultivated land in China has reached a critical level ,and the basic national policy of protection of land was less than ideal implement. Under the double influence of the natural phenomena and the human facots, the land resources in China is facing a serious situation. Besides the soil erosion and other natural phenomena can lead to the reduction of the land area in recent years, illegal land occupation of cultivated land and other acts of repeated abuse caused the contradiction between supply and demand of land more and more serious. As a criminal law major, I take the occasion of the thesis to devoted to strengthen the criminal law protection of land resources,and reduction the criminal acts of land.There are four parts in this article:The first part of the argument based on the basis of the protection of land resources by criminal law. The first is the reality basis of the protection of land resources.The serious soil erosion caused the insufficient mumber of the amount of land. Serious land pollution decline the quality of land resources. The illegal land acts lead to the obvious contracdition between land provision and requirement. The second is the theoretical basis of the protection of land resources. The protection of land resources by criminal law the value of the pursuit of protecting the environment and the value of protecting of human health. The third part is the legal basis of the protection of land resources.The second part of the thesis is to study the protection of land resources by criminal law within and outside our country. Firstly, by reviewing the history of the protection of land, including the protection of the land owenership and the protection of land transform. In our history, our country protect the ownership of land and limit the transfertation of land in different periods .Secondly, by examining the overseas protection of land by criminal law, analyzed their advantages in the European countries and American countries, and the proposed the refence to our country. Finally, concluded the experiences of the history and foreign criminal law protection of land resources: China's current land protection system ignored the protection of human health; the European and the American criminal law in some countries have their unique advantages and an important reference for China.The third part of the thesis is the substantive issues of the criminal law. This part resolve the substantive problems in the criminal law items. Firstly, there are official crime and imofficial crime according to the main distinction between the subjects of crime. Secondly, identified the objective aspects of the and crime,including the crime plots and the crime results. Thirdly, identified the subjective aspects of the land crime,including the crime intends and the crime motivations.The fourth part is the defects and improvements in protection of land resources by criminal law. Firstly, analized the defects in the existing Criminal Law and amendment. Secondly, according to the existing missings in the criminal law protection made some reasonable proposals, in addition to revise the existing criminal law ,we had better add some new criminal law items to provide the prefecter protection to the land resources . Thirdly, for the current disconnection between the criminal law and administrative law , this thesis propose that the two laws should be conversed in the substance specifications, the penalties and the application ,providing the better all-round protection to the land resources of our country. ?...