A Discussion About The Constitutive Elements Of The Crime Of Illegally Transferring Or Reselling The Land Use Rights

The crime of illegal transfer and resell the land use right is established to regulate the illegally transferring and reselling the land use right in the land market.However,there is a lack of uniform determination criteria for such controversial issues as the definition of the act of reselling,the characterization of the transfer of land use right by means of equity transfer,the condition of the subject,and the determination of the purpose of profit-making.It has led to the embarrassing situation of “different judgment in the same case” in judicial practice.It is the key to apply the crime correctly to analyze the specific connotation and requirement of the various constituent elements in the crime of illegal transfer and resell the land use right.The direct object of this crime should be the state's management system of land use right.The objective element of this crime is that the perpetrator illegally transferred or resold the land use right and the circumstances are serious.The operator may be guilty of the actual transfer of the land use right that will not meet the conditions for transfer by way of equity transfer.The subject of this crime shall be the land user who legally owns the right to use the land or actually controls the land use right according to law,and the village committee may be the unit subject of the crime.The subjective element of this crime is subjective and for profit-making purpose,and the determination of profit-making purpose may be based on the fact that the perpetrator has illegal profit.Only by meeting the four constitutive elements at the same time,the illegal transfer and resale of land use rights by the perpetrator shall have criminal penalties,and the crime of illegal transfer and resale of land use right can be established.