Research On The Objective Elements Of Crime Of Illegal Occupation Of Agricultural Land

In recent years,the illegal occupation of agricultural land is becoming more and more serious.The red line of 1.8 billion mu of arable land is in danger.The crime of illegal occupation of agricultural land plays an extremely important role in the maintenance of agricultural land in China.However,there are still some problems in the process of application of the crime of illegal occupation of agricultural land.There are different opinions on the specific scope of the crime,namely,the object of the crime,the specific scope of "agricultural land";sometimes there are deviations in the understanding of "changing the use of occupied land" in the article of the crime law;"illegal occupation" behavior and "changing the use of occupied land" should be one of the constituent elements or both“ There are some disputes about the relationship between large quantity and large quantity of destruction.The above disputes lead to differences in the application of the crime of illegal occupation of agricultural land in practice.Therefore,this paper combs and studies the above disputes,trying to more accurately define the specific scope of "agricultural land",and creatively classifies the types of agricultural land into two levels,so as to propose the identification of "changing the use of occupied land" based on the classification.Whether the behavior of "illegal occupation" and "changing the use of occupied land" should be possessed at the same time,the author discusses them ingroups through arrangement and combination,and concludes that the two elements of "illegal occupation" and "changing the use of occupied land" should be possessed at the same time.On the relationship between "large quantity" and "mass destruction",the author analyzes the existing views,abstracts the "quantity" between "large quantity" and "mass destruction",and enumerates and sums up the relationship between the two "quantity".According to different comparative situations,the author concludes that the "quantity" in "mass destruction" should be regarded as illegal occupation The conviction standard of farmland crime is more reasonable.This paper mainly uses literature research,case study,comparative study and so on.In the specific content,this paper takes the objective elements of the crime of illegal occupation of agricultural land as the research content,and discusses it from three aspects: the object of behavior,the way of behavior and the result of behavior.It is mainly divided into three chapters.In the first chapter,this paper focuses on the object of the crime of illegal occupation of agricultural land.The object of the crime has always been controversial.The author combines enumeration and generalization As far as possible,the scope of the object of this crime should be accurately defined.In the second chapter,this paper focuses on the behavior of the crime of illegal occupation of agricultural land.In the identification of "changing the use of occupied land",the author artificially classifies the level of agricultural land,and proposes that the exchange of use between the first level of classification of agricultural land should be recognized as "changing the use of occupied land",only between the second level of classification of agricultural land,whether it belongs to "changing the use of occupied land" should be determined according to the standard of "severity of harmful consequences",and the two elements of "illegal occupation" and "changing the use of occupied land" should be possessed at the same time.The third chapter focuses on the behavior results of the crime of illegal occupation of agricultural land,and holds that the "destruction" of agricultural land includes not only the destruction in the literal sense,such as pollution and destruction,but also the destruction in the functional sense,such as the loss of the original functions of agricultural land.In the identification of the relationship between "large quantity" and "large amount of destruction",by comparative analysis and examples,the author believes that to constitute the crime of illegal occupation of agricultural land,only to meet the standard of "large amount of destruction".In addition,the author distinguishes the illegal and criminal behaviors of illegal occupation of agricultural land.Through the analysis and demonstration of the above three chapters,the author hopes to provide a reference and clear standard for the identification of the crime of illegal occupation of agricultural land,and provide a reference blueprint for the operation of judicial practice,in order to accurately apply the crime of illegal occupation of agricultural land.