Difficulties And Countermeasures In Punishment Of The Criminal Cases Concerning The Confiscation Or The Possession Of Land Without Legal Authorization

Land is a very important material basis on which persons rely for existence. The state enacted and amended some laws and regulations, such as The Law of Land Administration of the People's Republic of China and Regulations on the Protection of Basic Farm, and brought confiscation or the possession of land without legal authorization and the malpractices to warrant confiscation or the possession of land illegally into the regulation of the Criminal Law. Criminal legislation on confiscation or the possession of land without legal authorization is very necessary. It is propitious to protect land and the collective ownership of land, and penalize the corruption. The definition of the crime of illegally authorizing to confiscate or possess land is that the officers infract the laws and regulations of land administration to warrant confiscation or the possession of land illegally. The subject of this crime is the officers in the machinery of the state, and the subjective aspect is that the offenders must obey the law on purpose. The objects of the crime are the regular function of the machinery of the state and the system on land administration, and the objective aspect is the act of infracting the laws and regulations of land administration to warrant confiscation or the possession of land illegally. These inscapes make this crime be different from some similar crimes, such as the crime of illegally possessing the agricultural land and so on. In our daily life, the confiscation or the possession of land without legal authorization is still very serious; therefore we must intensify the punishments of the criminal cases of warrant confiscation or the possession of land illegally. At present, there are some characteristics of such crime. The local governments exceed their authority to warrant confiscation or the possession of land, and it is hard for local administrative department for land to enforce the laws and regulations on land. Moreover, it is very difficult to investigate the criminal cases of warrant confiscation or the possession of land illegally. The main reasons of this situation are the administration intervention and the territorial protectionism, the faultiness of the legal system. Throughout the analysis of four typical criminal cases about land, such as the case in the Jiu Long Shan recreational district in Pinghu, Zhejiang, we can see that people should not use administrative penalty instead of crucifixion. Under the new policy of the land macrocontrol, in order to investigate and punish the criminal cases of warrant confiscation or the possession of land illegally, we should change the concept of using or administering land, consummate the land legislation and execute the law strictly to standardize the land market and reduce the number of cases on illegally warrant confiscation or the possession of land.