Gudicial Determination Of The Crime Of Illegally Occupying Agricultural Land

The crime of illegally occupying agricultural land is a crime that destroys the protection of environmental resources.It was first stipulated in Article 342 of the Amendment to the Criminal Law of the People's Republic of China(II)of 2001,which was amended by the“crime of illegally occupied cultivated land” in 1997.It has been more than 10 years.With the development of economic construction,the demand for agricultural land has gradually increased.The illegal occupation of agricultural land has also become increasingly complicated in practice.However,its criminal law provisions are relatively simple,while the application of judicial interpretation and the current practice of agricultural land crime There is a disconnection in the status quo,which is closely related to the incompleteness of the legislation on the illegal occupation of agricultural land.The provisions on the crime of illegally occupying agricultural land only focus on protecting the total amount of agricultural land and neglecting the behavior of simply damaging the quality of agricultural land.The maximum penalty for the legal punishment is only 5 years in prison and the penalty method is simple,which will not provide shock to agricultural land crimes.Based on the problems in the application process of the crime of illegal occupation of agricultural land,this article analyzes the crime through the case and puts forward some perfect measures in order to achieve the purpose of protecting agricultural land.It is debatable whether the crime of illegally occupying agricultural land is determined by whether it meets scientific principles and adapts to the current development status of agricultural land.The village committee can be used as the criminal subject for the illegal occupation of agricultural land,and the criminal punishment for illegally occupying agricultural land should be diversified.Property punishment should be used as a penalty for the illegal occupation of agricultural land,and the legal punishment for raising illegal occupation of agricultural land should be established.The legal scope of the crime of illegally occupying agricultural land was refined.