On The Crime Of Illegal Occupation Of Agricultural Land

Land is the most important material in social production,It provides catering decide the existence and continuation of human life, therefore, the protection of land is to protect ourselves. But for the limited land demand huge population is similar to the infinite, the contradictions in the supply and demand of serious unbalance of the stimulus, the destruction of the land has become more and more serious, especially accompanied with the convening of the eighteen session of the third plenary session, the reforming and opening of our country enters a new stage, in the land reform, the land contracted management of land circulation period, the mortgage of the right stipulated in principle, the purpose is the legitimate circulation and accelerate development of our country’s land, illegal occupation of agricultural land for more common, I am afraid it is difficult to guarantee the 1800000000 acres of the red line, in the face of this illegal circumstances, we must use legal mechanisms to control and regulation, practice proof in civil and administrative means is slightly thin need to start criminal punishment, the serious harm of land resources, agricultural land illegally occupied land resources destruction as one of criminal punishment of a crime of the crime, it play the role of criminal law will be effective performance of the unique care on land.The bright spot is mainly reflected in two aspects the research angle and method of writing. In the research perspective, from the empirical point of view, research by using the method of concept of the crime of illegal occupation of agricultural land regulation and system, which is more substantial and the overall grasp of the crime of illegal occupation of agricultural land; in the writing method, the application of general and special comparison technique the crime of illegal occupation of agricultural land in the discussion of the special charges at the same time, it also reflects the general situation of our country, the land criminal in the identification of a number of difficult problems, the author also use the understanding writing methodology and theory of legislation, so as to deepen the understanding of the crime of illegal occupation of agricultural land.This paper will take the illegal occupation of land as an example to illustrate our land criminal.The first part of this paper, based on the concept, illegal occupation of land of the elaboration of the criminal law on the legislative history and the necessity of illegal occupation of agricultural land regulation, can be more clear understanding of illegal occupation of agricultural land in the present stage of our country current situation of crime. Before the analysis of the concept of crime of illegal occupation of agricultural land, especially on the concept of agricultural land and the related concept of detailed interpretation.The second chapter of the crime of illegal occupation of agricultural land is analyzed one by one, in the analysis of the crime process, combining the case object of this crime and the objective aspects are emphasized, in the aspect of object, although there are many disputes, but can correctly reflect the object of the crime or the state of land resources is the protection of arable land management system, in the objective aspect, the author summarizes the objective behavior of crime, the "illegal occupation" and "change" is a parallel relationship.Are summarized in the third chapter of the illegal occupation of agricultural land and the judicial determination of the crime problem, the illegal occupation of land and similar crimes are compared, then the form of crime of illegal occupation of land especially the non completed forms are discussed in this paper, we derive the differentiated end crime attempted and no desistance attempted to differentiate between the sentencing.Are analyzed and summarized in the fourth chapter, the difficult problems on the crime of illegal occupation of agricultural land, these problems are common in reality, but is often difficult to apply, such as when the land use change, we need to figure out the illegal occupation and change the logic relationship between the use of difficult problems, through the analysis and summary better overall grasp of the crime of illegal occupation of agricultural land.