Judicial interpretation of the crime of destroying other people's cultivated land
This article is about the crime of illegally occupying cultivated land, forest land and other agricultural land, resulting in a large number of destruction of cultivated land, forest land and other agricultural land and its criminal punishment.
On 2001August 3 1, the 23rd meeting of the 9th the National People's Congress Standing Committee (NPCSC) passed the "Amendment II to the Criminal Law of People's Republic of China (PRC)", which amended this article and added the provisions on criminal responsibility for illegally occupying agricultural land such as forest land.
"Violation of land management regulations" in this article refers to violation of the land management law, forest law, grassland law, mineral resources law and other laws and the provisions of the State Council administrative regulations on land management. According to the land management law, land is divided into agricultural land, construction land and unused land according to its use. "Agricultural land" refers to the land directly used for agricultural production, including cultivated land, woodland, grassland, farmland water conservancy land and aquaculture water surface.
"Cultivated land" refers to the land where crops are planted, including vegetable fields and gardens. Among them, the garden includes nursery, flower garden, tea garden, orchard, mulberry garden and other land for planting economic trees. "Woodland" mainly includes arbor woodland, bamboo woodland, shrub woodland, sparse woodland, deforested land, burned land, unformed afforestation land, nursery land and suitable woodland planned by the people's government at or above the county level. "Illegal occupation of cultivated land, forest land and other agricultural land" refers to changing cultivated land into construction land or using it for other purposes without approval or fraudulent approval, or occupying forest land for construction or reclaiming forest land for planting, breeding, quarrying and sand mining. "Changing the use of occupied land" refers to illegally occupying farmland, forest land, grassland and other agricultural land without going through the examination and approval procedures for agricultural land conversion, requisition and occupation according to law, engaging in construction, mining, breeding and other activities on the occupied agricultural land, and changing the original use of agricultural land as stipulated in the overall land use plan.
"Causing a lot of damage to farmland, forest land and other agricultural land" mainly refers to the illegal occupation of farmland, forest land, grassland and other agricultural land, resulting in the destruction of the original agricultural conditions of farmland, forest land, grassland and other agricultural land, the loss of function or serious decline in quality, and it is impossible or difficult to restore. If the cultivated land is turned into a garbage dump, it will seriously pollute the water source of the cultivated land and destroy the planting layer. Even if it is returned to the field, it can no longer be cultivated; The conversion of woodland and grassland into cultivated land has caused vegetation destruction, land desertification and soil erosion, and destroyed the ecological environment. Even if returning farmland to forest and grassland, it is difficult to restore the original vegetation. "Large quantity" is an important boundary to distinguish whether illegal occupation of agricultural land constitutes a crime.
As can be seen from the above introduction, whoever intentionally destroys other people's cultivated land shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also or only be fined.