1 article 342nd of the criminal law of People's Republic of China (PRC) on the crime of illegal occupation of agricultural land.
Whoever, in violation of land management laws and regulations, illegally occupies cultivated land, forest land and other agricultural land, and changes the use of the occupied land in a large number, thus causing massive destruction of cultivated land, forest land and other agricultural land, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also, or shall only, be fined.
2. Interpretation of the Supreme Law on Several Issues Concerning the Specific Application of Laws in the Trial of Criminal Cases of Destruction of Forest Land Resources.
Article 1. In any of the following cases, it belongs to "a large number, resulting in massive destruction of forest land", and shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention for the crime of illegally occupying agricultural land, and shall also, or shall only, be fined:
(a) illegal occupation, destruction of shelter forest land and special purpose forest land, respectively or in total reached more than five acres;
(two) illegal occupation and destruction of other forest land of more than ten acres;
(three) illegal occupation and destruction of the forest land specified in Items (1) and (2) of this article, the number of which reaches more than 50% of the corresponding quantity standard respectively;
(4) illegally occupying or destroying the forest land specified in Items (1) and (2) of this article, in which one quantity reaches more than 50% of the corresponding quantity standard, and the two quantities together reach the specified quantity standard.
Extended data:
Case:
The man who concluded the first case of illegal occupation of agricultural land in Suzhou was fined 1 000.
2065438+June 6th 65438+March 7th: 1 1
Illegal occupation caused serious damage to 12.82 mu of cultivated land. Recently, the gusu district court concluded the first case of illegal occupation of agricultural land in Suzhou. Liu was sentenced to six months in prison and fined RMB 6,543,800+0,000.
From June 2065438 to June 2002, Liu illegally occupied collective land 12.85 mu (8565.5 square meters) without approval, changed the land use, and paved sand and gravel to build a yard for stacking steel pipes and other building materials.
On May 8, 20 13, the Land and Resources Bureau of Wujiang District of Suzhou made an administrative penalty decision, giving it 15 to dismantle the newly-built facilities, restore the original state of the land and return the illegally occupied collective land.
However, Liu still did not restore the original state of the land, and continued to pile up building materials, which caused the plot to harden, the soil to harden, and the cultivated layer to be destroyed. According to the investigation, its behavior has seriously damaged the planting conditions of 12.82 mu of cultivated land. Liu was arrested according to law.
The Gusu court held that Liu illegally occupied a large amount of agricultural land, which caused a large number of agricultural land destruction, and his behavior constituted the crime of illegally occupying agricultural land, so he made the above judgment.
References:
People's Daily Online-The man who concluded the first case of illegally occupying agricultural land in Suzhou was fined 1 10,000.