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Research On Perfecting The Legislation Of Land Duty Crimes

Posted on:2020-08-17Degree:MasterType:Thesis
Country:ChinaCandidate:H Z WangFull Text:PDF
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Land resources are the important material basis for human survival and development,and also the basis for human survival.With the economic development and population growth,the use and development of land resources in China is increasingly tense,especially in the economic field of increasing importance,making the field of land resources crime more and more complex and serious situation.At present,the duty crime of land resources in China is very prominent in the crime of land resources,although China's criminal code,subsidiary criminal law,land management law and other relevant laws and regulations are constantly revised and improved to curb the increasingly serious land duty crime.However,according to the relevant laws of land duty crime in the current criminal law of our country,there are still many imperfect aspects in the legislation of punishing land duty crime,such as the elements of crime,the means of punishment,the standard of sentencing,the degree of punishment and so on.There is no relevant criminal law to regulate the related illegal acts that have happened in reality and constituted land duty crimes,especially the corruption,bribery and abuse of power frequently occurring in the process of managing,protecting and rectifying the land resources of the state by the functionaries of some state organs.Official crimes in land crimes such as dereliction of duty and malpractice for personal gain seriously hamper the normal order of state organs'activities and the normal management of land resources,resulting in great losses to the interests of the state and the people.In this paper,the specific legislative perfection of punishing land duty crime is studied,mainly based on the concept and related characteristics of land duty crime in the process of land management and land consolidation in China,and combined with the legislative status of land duty crime in China,through the existing land duty crime subject in the Criminal Code To adjust scientifically and rationally the stipulations of the standard of conviction,the means of punishment,the standard of sentencing,and so on,and to put forward that the crime of taking advantage of duty in land which appears in real life and is not clearly stipulated in the criminal code should be regulated by criminal law,so as to expand the crime circle of taking advantage of duty in land properly and break through the existing legal regulations.Therefore,we should protect our precious land resources more comprehensively and effectively.More importantly,we should strengthen the restriction of judges'discretion through legislation,restrict the light punishment of land duty crimes,so as to achieve the purpose of making full use of and reasonable protection of land resources,thus realizing the organic unity of legal and social effects,and realizing the protection of land resources by the Criminal Law is not only to crack down on land crimes,but also for the sake of protecting land resources.We should prevent land crimes,protect land resources,and achieve the goal of "win-win,multi-win and all-win".
Keywords/Search Tags:Land resources, Job-related crimes, Land job-related crimes
PDF Full Text Request
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