Study On The Legislation Perfection Of The Crime Of Illegal Occupation Of Agricultural Land In China

Land is an important natural resource and the basis of human life and social production.China's total population and agricultural population are the first in the world,agricultural land resources in China have important economic value and ecological value,related to national sustainable development.In recent years,with the acceleration of urbanization process,the crime of abusing agricultural land resources is emerging,which needs to solve the new problems in legislation.This paper intends to study the existing problems of the crime of illegal occupation of agricultural land,and put forward legislative suggestions.This article consists of the following four parts:The first part outlines the legislation of illegal occupation of agricultural land.The concept of the crime of illegal occupation of agricultural land is clarified,the legislative evolution of the crime is sorted out,and the necessity of protecting agricultural land resources through criminal law is discussed.The second part is the legislative analysis of the crime of illegally occupying agricultural land.It introduces the status of the crime of illegal possession of agricultural land,and points out the current legislative issues,including the ambiguity of the law,the narrowness of the object of protection,the unity of punishment and low legal punishment.This paper analyzes the causes of legislative issues,including the deviation of legislative concepts,the immaturity of legislative techniques and related theoretical defects.The third part is the research and reference of the criminal legislation of foreign land crimes.Through the investigation of the land system and the reference to the legislative ideas of the country's legal system,combined with the basic national conditions of China's land,China's criminal law protection system has been perfected.The fourth part is the legislative improvement of the crime of illegally occupying agricultural land.In response to the problems existing in the legislation on the illegal occupation of agricultural land in China,the corresponding legislative proposals were put forward.Specifically,establish the correct ecological value,convert the criminal behavior of illegally occupying cultivated land into the crime of illegal occupation of land;raise the level of sentencing;appropriately increase the statutory maximum penalty;and improve cooperation in the field of non-crime.