This is a typical infringement case. You ask the farm: Who is this to expropriate land on behalf of the country? Can farms expropriate land on behalf of the country? Since it cannot represent, the compensation standard for land expropriation should not be applied. Instead, the compensation should be based on civil tort, and the amount of compensation is the actual expected market income of the rubber litchi that has been dug up, and how much is lost. 2. To constitute the crime of disrupting production and business operation, it is necessary to meet the four elements of the crime: First, the object of this crime is normal production and business operation. Production and operation, in terms of its scope, is very extensive, such as industrial, agricultural, forestry, animal husbandry, fishing, sideline production and operation activities, as well as construction, transportation, secondary industry, commerce and so on, which are closely related to these production and operation activities. In terms of nature, it includes both state-owned and collective, as well as individual, private and foreign capital. As long as it belongs to production and operation, regardless of its nature, it can constitute this crime. Second, the objective elements of this crime This crime is objectively manifested as the act of destroying machinery and equipment, injuring farm animals or destroying production and operation in other ways. There are many other methods, such as cutting off power supply, destroying boilers and water supply pipes, reversing cold and hot supply procedures, destroying computers, causing confusion in production command and technology, affecting industrial production, destroying agricultural machinery, irrigation and drainage equipment, farm tools, destroying seeds, seedlings, saplings, crops, fruit trees, fry, etc., and destroying agricultural production; Destroy vehicles, warehouses, affect business operations and so on. As for the way, it can be expressed as positive actions, such as smashing and burning, or as negative inaction, such as knowing that it is impossible to do it. However, no matter what method and means are adopted, the objects of destruction must be directly related to production and business activities, and the production tools, production processes and production objects used for production and business operations are destroyed. If it is to destroy unused or stored machinery and equipment, harvested grain and fruits that have not been used for processing and production, and to kill meat animals for sale that have lost animal husbandry, it cannot constitute a crime because it is not directly related to production and business activities. If it constitutes a crime, it shall be convicted and punished for other crimes such as intentional destruction of property.
third, the subject of this crime is the general subject. Any natural person who has reached the age of criminal responsibility and has the ability of criminal responsibility can constitute this crime. Iv. Subjective Elements This crime is subjectively manifested as direct intention, and has the purpose of venting anger and revenge or other personal purposes. Other personal purposes generally refer to personal grievances and improper psychological pursuits, such as hatred, disgust and dissatisfaction. -There are various reasons for the crime of disrupting production and operation, such as being dissatisfied with criticism from leaders or others, unsatisfied with one's own requirements, dissatisfied with the achievements of others, dissatisfied with the initial conflict with others, dissatisfied with work, etc., as long as the actor is motivated by anger and revenge, it constitutes the crime of disrupting production and operation, and as long as the actor deliberately causes great losses to production out of anger and revenge or other personal purposes.
according to the provisions of the criminal law, whoever destroys machinery and equipment, mutilates farm animals or sabotages production and operation by other means out of anger or revenge or for other personal purposes shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
prosecution standard: anyone who destroys production and operation by destroying machinery and equipment, injuring farm animals or other means out of anger or revenge or for other personal purposes, who is suspected of one of the following circumstances, shall be prosecuted: (1) those who cause losses of public or private property of more than 5, yuan; . . . . . .
3 or 3 mu of contracted land is flooded. If the income is affected, how much should be lost? If it is only flooded for a short period of time, there is no loss, so peace is the most important thing, and gas makes money!
Generally speaking, civil compensation is affirmative. If negotiation fails, the infringer can be prosecuted in court. In criminal cases, it is necessary to specifically analyze the purpose of the infringer and the losses caused (more than 5, yuan), and you can report to the Public Security Bureau. If you file a criminal case and file a lawsuit, you can bring economic losses and criminal incidental civil actions together.