Preliminary Discussion On Illegal Agricultural Land Occupation

The problem of land which is the nowadays human society concerned generally, the landconservation and the rational use of land is the premise and key to achieve sustainable humandevelopment. With the rapid development of social economy, urban construction scaleunceasing expansion, the contradiction of the land resource supply and demand isincreasingly outstanding, the phenomenon is often seen that agricultural land by illegaloccupation and destruction, and the manifestation of crime tends to be more complex, hasbeen a serious threat to our originally limited agricultural land resources. Faced with thissituation, using legal means to punish the illegal behavior of harming and destroying landresource is particularly important. As the criminal law to punish crimes of impairing theprotection of environment of the crime of illegal occupation of agricultural land, theprotection of land natural resources play a crucial role in.However, because of the existing criminal law provisions are too simple, and the lack ofrelevant judicial interpretation, not well applied to punish agricultural land criminal practice,it is adverse for agricultural land legal protection situation. In order to solve the actualproblems, and better for the legal service, the composition based on the analysis of thecharacteristics crime that the illegal occupation of agricultural land, using theoretical analysisand empirical research method, the crime of illegal occupation of agricultural land thelegislative defects existing problems were discussed, focusing on analysis of the controversialcrime, put forward the legislative proposals of ‘sin’, for reconstruction of ‘the crime thatillegal occupation of agricultural land’ and ‘the crime that destruction of agricultural land’,thus expanding the scope of punishment, and by increasing the maximum statutory penaltyrange, increase the penalty, effectively improves the original legislation defects, for theeffective punishment of illegal occupation and destruction of agricultural land criminalmodest contribution.