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Preliminary Discussion on Illegal Agricultural Land Occupation

Author: GeYing
Tutor: JinZeGang
School: Shanghai Jiaotong University
Course: Legal
Keywords: illegal occupation of agricultural land constitutive elements juridical handling improve legislation
CLC: D924.3
Type: Master's thesis
Year: 2011
Downloads: 34
Quote: 0
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Abstract


As one of the most important and indispensable resources, soil provides what mankind need for living. Based on this, protecting soil is equal to protecting ourselves. However, with the rapid development of society and economy, the soil has been destroying heavily by illegal occupation and destructive using of agricultural land and forest due to the huge requirement. Criminal Law is considered as the best method for controlling and punishment and the clause of illegal occupation of agricultural land in Criminal Law can exert functions for protecting soil. In spite of that, the clause of illegal occupation of agricultural land has not been giving full play. On the basis of analysis of constitutive elements of illegal agricultural land occupation and actual cases, this article makes analysis and research for crime determining and puts forward suggestions to strengthen functions of clause of illegal agricultural land occupation, means setting up clause of agricultural land destroying and restating elements of crime of illegal agricultural land occupation. Furthermore, it is suggested to be fair in actual cases and the Criminal Law shall be strictly executed to against crime on above.

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CLC: > Political, legal > Legal > Chinese law > Criminal law > Sub-rule
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