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Criminal Law Determination Of Illegal Transfer And Resale Of Land Use Rights By Equity Transfer

Posted on:2021-05-22Degree:MasterType:Thesis
Country:ChinaCandidate:J L LiFull Text:PDF
GTID:2416330605952078Subject:legal
Abstract/Summary:PDF Full Text Request
As an important natural resource,land plays an important role in the development of human beings.According to the provisions of China 's Constitution and other relevant laws,China implements a policy of separating land ownership and land use rights in the use of land resources.Land The right to use can be transferred according to law when it meets the provisions of the law,but at the same time,there have been illegal transfers that violate the land management system and the reselling of land use rights.Some criminals in special judicial practice have prohibited transfer The illegal transfer of land use rights by special equity transfer.There are great differences between the theoretical and judicial practice circles regarding the determination of such behavior.From the perspective of criminal law,it is considered that the behavior is of a bad nature,which constitutes the crime of illegal transfer and resale of land use rights as provided in Article 228 of the Criminal Law From the perspective of civil and commercial law,this kind of behavior is considered to be legal and legal,and there is a clear conflict between the two views.In fact,in practice,some criminals do use the legal form of equity transfer to commit criminal acts that violate land management regulations and transfer and resell land use rights,but not all equity transfer activities involving the transfer of land use rights belong to the law The stipulated illegal and criminal acts require specific analysis on the determination of the legal nature of such acts.Only the serious circumstances of illegal transfer and reselling of land use rights by means of equity transfer constitute crimes of illegal transfer and reselling of land use rights.on the basis of the definition of the concept of illegal transfer and resale of land use rights through the transfer of equity,the investigation of legal characteristics and the analysis of infringement of legal interests,advocate restrictive guilt From the point of view,it is believed that there is a need for criminal law control over the illegal transfer and resale of land use rights by means of equity transfer.Under the guidance of the principle of unifying subjectivity and objectivity,the behavior of illegal transfer and resale of land use rights by share transfer should be specifically determined.Severely crack down on serious acts that constitute crimes.At the same time,provide relevant suggestions for the legal regulation of the illegal transfer and resale of land use rights by means of equity transfer.
Keywords/Search Tags:Equity transfer, Land use right transfer, Crime of illegally transferring or reselling land use rights, Restrictive guilt
PDF Full Text Request
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