The Bottleneck Analysis And Solution In The Identification Of Cultivated Land Destruction Degree

Under the new situation of governing the country in accordance with the law,based on the basic national conditions of the land,strengthen the consciousness of "red line" of cultivated land,deepen the land supply-front reform,pay attention to the dynamic of resources,realize the balance of the requisition-compensation,optimize the structural adjustment,improve the laws and regulations,inhibit illegal occupation of agricultural land and combat the destruction of cultivated land crime has become the goal of land management in the new era.This study is aimed at the current situation of the destruction of cultivated land in China and the poor punishment of the crime of destroying cultivated land.According to the field investigation and interview,professional literature,policy laws and regulations,the specific case analysis,this study found that there exists many problems in China's current destruction of arable land identification work,such as the standard of legislation,the establishment and operation of the appraisal institution,the identification object and the identification scope and the degree of damage judgment.From the legislation into the penalty standard,the current illegal occupation of agricultural land criminal law to prosecute the threshold of irrational,that the destruction of 5 acres of basic farmland,10 acres of general cultivated land into the standard is too high;It is unreasonable for the land administration department as the main body of the identification,there is a lack of uniform standardized work processes and rules and regulations in the mode of identification activities;the identification of the object is not clear due to contradictions between planning purposes and practical use and the scope of the damage is disputed in the law enforcement process;the degree of damage identification lack of quantitative standards,the determination of damage degree is subjective.Based on the statistical analysis of 68 cases of cultivated land destruction collected from Shenyang,Fushun,Huludao,Yingkou and Jinzhou in Liaoning Province from 2009 to 2016.The proportion of damaged land area,the proportion of damaged arable land area and the proportion of damaged farmland area were obtained;at present,the types of cultivated land damage are dominated by hard covering damage and digging damage,accounting for 51%and 49%of the cases respectively.There is no case of damage caused by pollution.From the case of 35 hard coverage damage case statistics,the way of damage includes circle,mild pressure,and hardening of the ground,which belong to the minor damage are mainly used for the destruction of the courtyard,the construction of rural duck shed,planting nursery greenhouses,which belong to the severe damage is used for the construction of plants,cemeteries,schools,stacking coal gangue and so on.Looking from the 33 digging damage cases,it mainly used for digging fish ponds,followed by dredging and destruction of illegal excavation after the destruction,all the digging damage extent are serious damage.This paper mainly makes an analysis according to the bottleneck problem and the case,the author puts forward some countermeasures and suggestions on the current destruction of cultivated land in China.In the aspect of legislative proposal,the author puts forward the view that the per capita arable land area is the lower standard of the criminal law,and point out that the reduction of the limit amount and the increase of the scope of accountability should curb the increase of the crime of "land" effectively and ensure legal use of limited land resources.In the aspect of the establishment of the appraisal institution,it is proposed to establish a third party accreditation body and put forward the necessary conditions and the design of the frame structure for the establishment of the third party accreditation body.This can solve the problem that the identification of the main body is not unified,the lacking of identification procedures,identification of judicial accountability and some other issues effectively.In terms of the degree of damage identification,It is suggested that the damage level should be classified according to the degree of influence of different types of damage on soil physical and chemical properties and ecological function,and the degree of recoverability.This study argues that the scope of damage identified in the law enforcement process should be in the entire circle(the entire parcel),and the entire parcel should not be split;the law enforcement object should be gradually expanded to all farmland,including arable land,grassland,woodland and not only for the status quo in the cultivated land and planning for the basic farmland arable land,in order to reflect the original intention of legislation in the current criminal law "illegal occupation of agricultural land crime" truly.