Neixiang county court tried a crime case of illegal occupation of agricultural land

2022-05-24 0 By

Arable land and woodland are important natural resources in China.However, some people in the interests of the driving at the law, touch the “red line” of the law, in violation of land management regulations, unauthorized change of land use, resulting in a large number of agricultural land was destroyed.Recently, the people’s Court of Neixiang County in Henan province held a public trial of a crime of illegal occupation of agricultural land, the crime of illegal occupation of agricultural land was sentenced to fixed-term imprisonment of two years and six months, suspended for two years and six months, and fined 20,000 yuan.Illegal occupation of forest land (picture from network) since 2014, the defendant Zhang without the approval of forestry authorities, in the absence of woodland use procedures, unauthorized organization of personnel, the use of large machinery in Neixiang County plate field township on a hillside occupation of forest land mining granite ore, resulting in a large area of forest land destruction.After investigation by Neixiang County forestry investigation planning and design team: the site occupies a total area of 40.7 mu of forest land, a water conservation land, general forest.In 2020, the defendant Zhang took the initiative to surrender to the Neixiang County Forest Public Security Bureau, and in the review and prosecution stage signed a letter of admission.Another find out, after the case, the defendant Zhang planted trees to restore vegetation 32.3 acres.The court heard that the defendant Zhang violated land management laws and regulations, illegal occupation of forest land, a large number of its behavior has constituted illegal occupation of agricultural land crime, public prosecution organs charged with the charges, the court to support.The defendant Zhang after the automatic surrender, truthfully confessed their crimes, the department of surrender, can be lighter or reduced punishment, and the defendant Zhang confessed, and actively planted trees to restore vegetation and pay compensation for ecological environmental damage, can be lighter punishment.According to the defendant’s criminal circumstances and repentant performance, there is no risk of re-crime in the use of probation, combined with the community correction opinion, the court made the above judgment.The judge said: the protection of environmental resources is a major national project and the well-being of the people.China is a country with a large population, a large population, less land, especially arable land, forest land and other agricultural land is the basic national conditions of China, therefore, the rational use of limited land resources, effectively protect arable land, forest land and other agricultural land, is related to the national economy and people’s livelihood, related to the overall development of the country.The state shall compile general plans for the use of land to define the purposes of land, which are divided into agricultural land, construction land and future land.The agricultural land that we say normally is to point to the land that uses at agricultural production directly, include land of cultivated land, forestland, grassland, farmland water conservancy, breed water surface to wait.To this end, the State has formulated the Land Management Law, Forest Law, Grassland Law and other laws as well as relevant administrative regulations to strengthen the protection and management of land.At the same time, in order to better protect land resources and severely crack down on illegal occupation of farmland, woodland and other agricultural land crimes, “Criminal Law” also made clear provisions.If, in violation of the relevant laws and regulations of the State on land administration, agricultural land such as cultivated land and forest land is illegally occupied or the purposes of the occupied land are changed to a large extent and large quantities of agricultural land such as cultivated land and forest land are destroyed without the approval of the competent departments of land administration of the State, it shall constitute a crime of illegal occupation of agricultural land.Whoever commits the crime of illegally occupying 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.(Liu Zhenwei, Nie chuanqing, Chai Bo)