Legal Dogmatic Determination of"Changing the Use of the Occupied Land"in the Crime of Illegal Appropriation of Agricultural Land
Protecting the legitimate rights and interests of agricultural land use is of great significance to the high-quality development of agriculture.However,there are still many disputes on the accurate determination of"changing the use of occupied land",the incriminating element of the Crime of Illegal Appropriation Agricultural Land,which are mainly reflected in the existence of double standards in the identification of land nature,the unclear definition of"change of behavior"and the unclear relationship between"illegal occupation"and"change of use".The positive view of criminal law has a positive guiding effect on the determination of the crime.In view of positive criminal law,we should adhere to the principle of ecological legal interests,clarify the boundary of"change of behavior",identify the relationship between"illegal occupation"and"change of use",and insist on determining the nature of land according to the standard of planning land type,and accurately identify the crime of"changing the use of occupied land",so as to effectively prevent agricultural land crimes and provide a solid legal guarantee for the realization of the grand goal of"beautiful China".
Crime of Illegal Appropriation of Agricultural Landpositive view of criminal lawecological legal interest
NETL
NSTL
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