On The Crime Of Illegal Occupation Of Agricultural Land

The crime of illegally occupying land is a specific crime in crimes that undermine the protection of environmental resources in crimes that impair the order of social management in our country’s criminal law.The crime of illegal land occupation has not attracted enough attention in both theory and practice.In the judicial practice,no consensus has been reached on how to determine the crime of illegally occupying agricultural land.This article attempts to discover the problems in the determination of illegal occupation of agricultural land in recent judicial cases and compare relevant criminal legislation at home and abroad in order to reveal the legislation’s insufficient.The law of protecting the illegal use of agricultural land is not a purely personal interest.It is also not a traditional system of protection and management of land resources as defined by the traditional criminal law.It is a kind of ecological law that is related to people.This ecological law is Most people share the environmental public interest.In terms of the composition of crimes,the objective aspect of the illegal occupation of agricultural land is the behavior of the perpetrator taking illegal use of agricultural land.The concrete manifestation is that the perpetrator did not obtain legal approval procedures for the agricultural land,or obtained legal approval but changed the land without permission.The use of this,in turn,led to the massive destruction of vegetation on agricultural land or agricultural land.Units or natural persons can all become the subject of illegally occupying agricultural land.When the unit illegally occupies agricultural land,both the directly responsible person and the subjective person may be punished,and the unit may also be punished.In the crime of illegally occupying land,the subjective mentality of the actor may be either direct intentionality or indirect intent.The illegal occupation of agricultural land for other purposes and causing the consequences of damage does not affect intentional determination,nor can it deny the crime of illegal occupation of land.The establishment of.How to determine the illegal occupation of agricultural land,there is both a lack of legislation,there are inconsistencies in the understanding of practice.From the perspective of legislation,legislation should expand the protection scope of the crime of illegally occupying agricultural land,specify the statutory sentencing standards,add penalties for punishment,and specify damages after damage.From a judicial point of view,the ecological law should be used as a guide to the constitutional elements of thecrime of illegal occupation of agricultural land.Only those actions that infringe upon the protection of legal interests and meet the constituent requirements can be regarded as illegal occupation of agricultural land.There is a difference between the crime of illegally occupying agricultural land and the crime associated with it,not only in terms of constitutional elements,but also in protecting the interests of law or regulation.For an actor who commits other crimes in order to illegally occupy agricultural land,he shall not use a combination of several crimes.Instead,he shall be deemed as an implicated offender and shall be dealt with from a serious crime.