Research Of The Protection Of The Land By Criminal Law

Land in the resource of life and produce, but land is limited. So the protection of the land by Criminal Law is very necessary. The article keeps track of protection of the land by Criminal Law, refer to the extraterritorial situation of legislation about protection of land by Criminal Law stressing revising and improving our country about protection land by Criminal Law.The part one introduces the content of protection of land by Criminal Law of our country. The Criminal Law articles about regulating the crime of land:the charge of illegal transfer of land use rights; the charge of crime of illegal occupation of agricultural land; the charge of crime of illegal approving the requisition, land occupation and the illegal transfer of state-owned land use rights crimes and the constitution of those crime and introduce the standing of the punishment about land by Criminal Law. By the regulation of Criminal Law and the situation of the land crime, I summed up the defect of the regulation about land by Criminal Law. For example, the rule of sin the charge of occupied agricultural land illegal overtop; the rule of the subject of crime too short; the object of the protection of land by Criminal Law non-comprehensive; the class of action about protection of land by Criminal Law non-comprehensive and the way of undertaking of criminal responsibility unitary. I analyze and find the defects, for studying and researching purpose and pertinence.The part two introduces the extraterritorial situation of protection land by Criminal Law. By study those, we know:Japan at core of the right of private ownership of land; Russia at the core of protecting environment and physical health; Anglo-American legal system at the core of the use efficiency of land, such as England、France、Canada.The part three is in view of the situation of Hong Kong, Macao, Taiwan and overseas about protection of land by Criminal Law, summed up the experience and compared with our county basic condition, the system summed up the purpose of our land legislation:the regulation of wander about land should slacken; the system of punishment should be adjusted and abundant; the function of our country Criminal Law of land should from relieve and punish afterwards change to combine prevent and prohibit in advance with relieve and punish afterwards. And I analyze the improve measures protection of land by Criminal Law of our country. Besides, I rise revising and improve measures are aimed at defect:adjust the threshold for conviction of Crime of illegal occupation of agricultural land; broaden the limits of the subject of crime; enrich the regulations of criminal liability. Be aimed at the limits of the protection object of Criminal Law, the types of behaviors insufficient, raising increase "destruction of wetland, grassland crime""destruction of land quality crime""land fraud crime", for protecting the land from be destructed comprehensive.