Research On The Punishment Of Attempted Instigates-The Problem And The Consummation On The Second Paragraph Of Article 29 In The Criminal Law Of PRC

In recent years,with the emergence of the phenomenon of "developing heat" and"land expropriation",the recovery of state-owned land tenure as one of the ways to expand the construction land resources has aroused wide concern of the society.As a special form of state-owned land,state-owned farmland is also playing an important role in urban construction.At present,the focus on land reclamation is mainly focused on the reform of land reclamation and the real right of farmland reclamation,the nature of rights in land reclamation,and its recovery and compensation related issues are less involved.Therefore,in the existing legal provisions,to improve the land reclamation and compensation issues related to the entity and procedural provisions.This paper is based on the right analysis of state-owned farmland in land reclamation,combined with the relevant laws applicable to the recovery and compensation of state-owned farmland in our country,summing up the practical experience,this paper expounds the problems in the process of reclaiming and compensating the state-owned farmland in our country,and puts forward some feasible suggestions for establishing and perfecting the state-owned farmland recovery and compensation system.This article through the analysis of the Supreme People's Court issued by the Sun Maolian and Ningxia Hui Autonomous Region,such as land reclamation and the allocation of compensation fee distribution dispute second trial civil judgments,small,through the case to lead to the issue of universality.How to determine the compensation standard of trees,houses and young crops and how to compensate for the land development cost of the workers ' reclamation is the focus of the controversy in the case,and it is also the interest of the Sun Mao Company as the land use right.This paper summarizes the recovery and compensation of state-owned farmland in land reclamation,mainly from the analysis of state-owned agricultural land,the meaning,nature and reasons of state-owned agricultural land reclamation,and the legal application and legal characteristics of state-owned farmland recovery and compensation in agricultural land reclamation in three aspects.Because of the backwardness of science and technology and the diversification of land contract management methods,the state-owned agricultural land in the land reclamation area has more disputes on ownership.The complex of the right subject,for the later land resumption work of the smooth development of hidden dangers,it is necessary to clarify the property rights relationship,strengthen the registration of land right to promote the reform and development of the reclamation.At present,the legal basis for land reclamation of state-owned farmland in China is insufficient,most of them refer to the applicable collective land expropriation and compensation related provisions,"public interest" to define unclear causes the expropriation right to abuse and then infringe on the legitimate subject of the interests of the situation occurs,must be formulated with the state-owned agricultural land reclamation related to the collection of compensation laws and regulations,Make it laws.In practice,the compensation procedure of the state-owned farmland is still to be perfected,the compensation standard is low,the problem of compensation and recovery is quite outstanding,which violates the legitimate rights and interests of farmers seriously.Therefore,it is necessary to establish a recovery compensation system in line with the market economy,discard the wrong "value multiplier method" In the past,play the role of market value in the recovery of compensation,and raise the compensation standard.