Study On The Crime Of Illegal Transfer,reselling The Land Use Rights

Land is an important means of production and natural resources.Under the current system of public ownership of land,the land-use rights can be transferred in accordance with the law.The Real Estate Company treat the land use rights as its main asset,and achieve wealth accumulation through the transfer of the land-use rights.But according to the current land management regulations,the transfer of land use rights more stringent conditions,therefore,in recent years,the Real Estate Company by way of transfer of shares for the acquisition of land use rights has become the industry's new face lift.This kind of behavior,different attitudes emerge.Some scholars believe that the transfer of shares of the Real Estate Company is a Real Estate Company within the scope of the law,for to reduce the cost of the pursuit of profit maximization and make the best choice,and the transfer behavior did not change the subject of rights,civil legal acts,does not belong to the crime.However,many people practice is that Real Estate Company equity transfer behavior is a surface form,its true The intention is to cover up the illegal transfer of land use rights,in dealing with the case shall see essence through the phenomenon,the transfer of shares of the Real Estate Company is actually illegal transfer of land use rights,in accordance with "illegal transfer of the provisions of article 228 Th of the criminal law,illegal land use rights the constitution of the crime is a crime.However,because of the legal nature of the transfer behavior of equity to the Real Estate Company law is not clearly defined,the theoretical and practical circles have not come to a unified conclusion.So in practice,different courts for similar behavior inconsistent judgments.In addition to the introduction,the text is divided into four parts:The first part: taking two typical cases leads to the research object of this paper,and introduces the causes of Real Estate Company through the transfer of land use rights phenomenon.Firstly,lists two typical cases in the form of equity transfer of land use right transfer,the two similar cases there are two extreme crime the processing results.Secondly,through two cases show,analysis of the causes of such behavior are frequent.The equity transfer behavior of land use rights for the content of the program,has the advantages of low cost,simple operation,easy to practice and meet the characteristics of commercial subject,the pursuit of profit maximization.Finally,combined with the Real Estate Company The transfer of shares,to reveal the context of this article,that is,the right to use the land as the content of the transfer of equity Real Estate Company usually occurs in the two state-owned land market.The second part: To investigate the illegal transfer,selling land use rights crimes.Firstly,illegal transfer of land use rights,legislation origin reselling the crime,the legislative background of this crime analysis.Secondly,to analyze the elements of illegal transfer,selling land use rights crime.Finally,a brief introduction of illegal transfer in judicial practice several common,reselling the land use rights of the crime behavior patterns.The third part: Analysis on the legal nature of the transfer of shares of the Real Estate Company.First,lists the circles of theory and practice about this problem.Second,the author expounded his point of view that the transfer of shares of the Real Estate Company is legal,does not constitute a criminal offense.The main argument from four aspects: the first,equity transfer and land transfer of the right to use two different legal relations;the second,the recognition of the subjective purpose of profit,the transfer of shares of the Real Estate Company is the main commercial legitimate profit behavior;the third,according to the infraction of criminal law theory,no law against no crime,the equity transfer for Real Estate Company There is no damage to the interests of law,it does not constitute a crime;the fourth,the transfer of real estate equity does not comply with the basic principles of conviction and punishment.The fourth part: legal advice to regulate the transfer of shares of the Real Estate Company.In order to restrain land violations,the state should improve the legal loopholes.The author proposes several legal advice to regulate the transfer of shares of the Real Estate Company in this part.