The Illegal Transfer Of Understanding Of The Crime Of Reselling The Land Use Rights Apply

The crime of Illegal transfer or reselling lands use rights compared to other disrupt the socialist markets order charges, is a relatively uncommon counts, and thus rarely get academia favored.But along with the our country city changes a course accelerate, urban and rural economic expansion to expand the demand to land natural resources, stimulation of the land use rights markets are developing rapidly, especially the rural land use rights to enter the markets the pace of economic development, the crime is becoming a common phenomenon to disturb the market order.This article is based on the protection of land natural resources reasonable use, protect the legitimate interests of broad farmers, safeguard the normal operation of land markets, the crime of Illegal transfer or reselling lands use rights will be better to punish rural land market with the help of judicial practice.The text is divided into case introduction, case focus and disagreements, jurisprudence, the legal analysis and conclusion of five parts of the case to carry on the analysis and argumentationThe first part about since the year of 2005 winter occurred in some county the Second groups of DongYan village on the circulation of rural land right of use case. It is the Second groupsof villagers in obtaining the right to use state-owned land use right after the development, and through the village group meetings will be sale part of the of land use rights to the third person; and because of this village geographical reasons, the land use right value rising, the villagers group leader Lee in the knowledge that the other will change of agricultural land the nature of the case, still carried out the village of 30 acres of agricultural land illegal rental.The second part talks about the focus of the case about the Second groups of DongYan villages to sell land use rights, Lee leas land use rights conduct qualitative. Which brings out what is the mean of the crime of Illegal transfer or reselling ; in practice, how to apply the crime problem; and the problems of the groups of villagers such crime subject of institutional crime or natural person crime.The third part is in detailly writing from the crime concept, the object of the crime, the objective aspect of crime, criminal subject and objective aspect of the crime of the crime, and put forward my own opinion on this crime: Countries due to legal protection of land use right transfer market order and set the crime of illegal transfer of land use rights; countries prohibit the sale of land by ownership, use rights and land use rights set by reselling the crime, the object of their violation of China's land-use rights.The legal transfer of land use right order or prohibit the sale of the land management order, as long as the violation of any object that is a violation of this crime. but in essence, groups of villagers, and there is no independent property, but not independently of external responsibility, and thus groups of villagers can not become the meaning of the Criminal Law units on the subject.The fourth part answers the case concerning the application of law, thinking that the Second groups of DongYan villages to sell land use rights constitutes The crime of Illegal transfer or reselling lands use rights, its responsibilities should be the main body of this crime in each specific natural person; and on the Second groups of DongYan villages leader Lee leased land use rights ,which behavior should be identified as illegal transfer of profiteering from land use rights crime.The fifth part is the conclusion of this thesis, simply descriping the judicial practice and the role of social value of the crime of Illegal transfer or reselling lands use rights .