The Precaution Of Duty Crimes Of Takingover Of Land

Takingover of land means the country has the right to take over the land from peasants for the public construction needs. The peasants can get the compensation. This task offers the basic elements for the urbanized construction. However, various duty crimes have been emerging when dealing with the peasants' compensation. The trend really does harm to the rights of the peasants.As the premise of land takingover, the public interest must be legalized and clarified. The standard should be based on "the Land Expropriation Law" authorized by the National People's Congress. To identify the public interest should follow the Urgent Principle and the Minimum Injury Principle. The duty crimes in this field refers to one civil servant or more appropriate, steal and embezzle the public properties during the process of takingover of land, or they will accept bribes and seek unjust benefit for others. The manifestations of the crimes in this thesis have many characteristics:the complication of the criminal executors, the various of the crimes themselves, and the light punishment. The criminals of takingover of land have many reasons. One reason is that the system of takingover of land are too defective to strongly effectively supervision. The second reason is the incoherence of the criminal law and the real crimes and the lack of the forfeit penalty. The third reason is that the light punishment weakens the legal functions of the penalty to the duty crime and the precaution. The fourth reason is that the construction of democratic self-government system in rural areas are lagging. The fifth reason is that the morality of criminal is corrupt. In view of the above there should be ways to completely avoid duty crimes in the field. The general measures are:building up Law of the Takingover of Land, perfectting the system of takingover of land and the criminal measures in this field. There should set up the special legal prevention mechanism guarded by the People's Procuratorate and set up prevention system of case, specific and industry in this field. So there will be no duty cimes of takingover of Land.