Criteria for filing a case for the crime of illegal occupation of forest land

The criteria for filing a case for the crime of illegal occupation of forest land are as follows:

1) "Relatively large amount" of illegally occupied cultivated land refers to the illegal occupation of more than 5 mu of basic farmland or the illegal occupation of more than 10 mu of cultivated land other than basic farmland;

2) Illegal occupation of cultivated land "causing a large amount of destruction of cultivated land" refers to the perpetrator's illegal occupation of cultivated land to build kilns, graves, houses, sand digging, quarrying, mining, soil extraction, stacking solid waste, or other non-agricultural construction, causing serious damage or serious pollution to planting conditions of 5 mu or more of basic farmland or 10 mu or more of farmland outside of basic farmland.

Illegal occupation of forest land usually takes three forms:

A) without approval to occupy forest land, that is, without the State land management organs to review, and reported to the people's approval, and unauthorized occupation of forest land;

2) Occupy forest land in excess of the approved amount, that is, occupy more forest land in less batches, and the occupation of part of the forest land has been legally approved, and the occupation of part of the forest land has not been approved;

3) Adopting deceptive means to obtain approval for the occupation of forest land, mainly by providing false documents, falsely reporting the purpose or borrowing or misappropriating the name of others to obtain approval procedures and occupy forest land.

Functionaries of state organs engage in favoritism, violate land management laws and regulations, abuse their powers, and illegally approve the expropriation, requisition, or occupation of land, or illegally transfer the right to use state-owned land at a low price. In any of the following circumstances, it is a "serious circumstance" as provided for in the criminal law, and shall be sentenced to up to three years imprisonment or short-term detention for the crime of illegally approving the expropriation or occupation of land:

1) Illegally approving the requisition or occupation of shelter forest land or special purpose forest land, respectively, or in aggregate of more than 10 acres;

2) Illegally approving the expropriation or occupation of other forest lands of more than 20 acres;

3) Illegally approving the expropriation or occupation of forest land, causing direct economic losses of more than 300,000 yuan, or causing the destruction of the amount of forest land of 5 to 10 acres or more.

Criminal Law of the People's Republic of China

Article 342 [Crime of Illegal Occupation of Agricultural Land] Whoever violates land management regulations by illegally occupying farmland, forest land, or other agricultural land, or changing the use of the occupied land, in relatively large quantities, causing a large amount of destruction of cultivated land, forest land, or other agricultural land, shall be sentenced to fixed-term imprisonment of not more than five years or short-term detention and/or a fine.

The crime of illegal occupation of forest land refers to the act of violating land management laws and regulations by illegally occupying cultivated land, forest land and other agricultural land, changing the use of the occupied land, and the amount of land being occupied is relatively large, resulting in the destruction of a large amount of cultivated land, forest land and other agricultural land. The penalty standard for illegal occupation of forest land and drunkenness is: under normal circumstances, a sentence of not more than five years imprisonment or short-term detention shall be imposed, and/or a fine.

The targets of this crime include cultivated land, forest land, grassland, aquaculture water surface, wetlands, etc., and as long as the laws of the Land Management Law, the Forest Law, and the Grassland Law are violated, as well as the provisions on land management in the relevant administrative regulations, this crime can be constituted. [Legal basis] Article 342 of the Criminal Law, violating land management laws and regulations, illegally occupying farmland, forest land and other agricultural land, and changing the use of the occupied land; Where the amount is relatively large, causing a large amount of destruction of farmland, forest land, or other agricultural land, a sentence of up to five years imprisonment or short-term detention is to be given, and/or a fine.

1. Criteria for filing a case for the crime of illegal occupation of forest land.

1. The criteria for filing a case for illegal occupation of forest land are: the number of illegally occupied and destroyed protective forest land and special purpose forest land is more than five acres respectively or in total; illegally occupy and destroy other forest land of more than 10 acres; illegally occupy and destroy more than 50% of the above-mentioned forest land; Illegally occupy and destroy the above forest land, one of which reaches more than 50% and the total quantity of the two items meets the quantitative standard specified in this item.

2. Legal basis: Article 342 of the Criminal Law of the People's Republic of China.

Violating land management laws and regulations by illegally occupying farmland, forest land, or other agricultural land, changing the use of the occupied land, and the amount of land being occupied is relatively large, causing a large amount of destruction of cultivated land, forest land, or other agricultural land, constitutes the crime of illegal occupation of agricultural land. Whoever commits this crime is to be sentenced to up to five years imprisonment or short-term detention and/or a fine.

II. Constitutive Elements of the Crime of Illegal Occupation of Agricultural Land.

1. Subject matter requirements.

The object of the offence is the land management system of the State;

2. Objective elements.

This crime is objectively manifested in violating land management laws and regulations by illegally occupying agricultural land for other purposes, and the amount is relatively large, resulting in a large amount of destruction of agricultural land;

3. Main requirements.

The subject of this crime can be either a natural person or an entity. Illegal occupation of agricultural land by natural persons mainly refers to natural persons who have reached the age of 16 and have the capacity for criminal responsibility to carry out illegal occupation of agricultural land;

4. Subjective elements.

This crime is manifested in the subjective aspect as intentionality. That is, knowing that the act of occupying agricultural land for other purposes violates land management laws and regulations, and it is also knowing that the occupation of agricultural land for other purposes will result in the destruction of a large amount of agricultural land. Knowing that one's actions will have consequences that are harmful to society, but still hoping or allowing the results to occur, is subjectively intentional.

The motives of the perpetrators for illegally occupying agricultural land are varied, but this does not affect the establishment of this crime.

Violating land management laws and regulations, illegally occupying forest land, changing the use of occupied forest land, building kilns, building graves, building houses, digging sand, quarrying, mining, taking soil, planting crops, stacking or excreting wastes on illegally occupied forest land, or carrying out other non-forestry production or construction, causing serious damage or pollution to the original vegetation of forest land or planting conditions of forest land, and in any of the following circumstances, it is a "relatively large quantity, resulting in a large amount of destruction of forest land" as provided for in Amendment (2) to the Criminal Law, shall be sentenced to up to five years imprisonment or short-term detention for the crime of illegally occupying agricultural land, and/or a fine

1) Illegally occupying and destroying shelter forest land or special purpose forest land, respectively, or in aggregate of more than five acres.

2) Illegally occupying and destroying other forest land of more than 10 acres.

3) Illegally occupy and destroy the forest land provided for in subparagraphs (1) and (2) of this article, and the quantity shall reach more than 50% of the corresponding quantitative standards.

4) Illegally occupying and destroying the forest land provided for in subparagraphs (1) and (2) of this article, and the quantity of one of them reaches more than 50% of the corresponding quantitative standards, and the total quantity of the two items reaches the quantitative standards specified in this paragraph.

Legal basis: Article 342 of the Criminal Law of the People's Republic of China stipulates: Whoever violates land management laws and regulations by illegally occupying farmland, forest land and other agricultural land, changing the use of the occupied land, and the amount of land occupied is relatively large, causing a large amount of destruction of cultivated land, forest land and other agricultural land, shall be sentenced to fixed-term imprisonment of not more than five years or short-term detention and/or a fine.

Legal analysis: Criteria for filing cases of illegal occupation of forest land: illegal approval of expropriation and occupation of more than 10 acres of basic farmland; illegally approve the expropriation and occupation of more than 30 acres of cultivated land other than basic farmland; illegally approve the expropriation and occupation of more than 50 acres of other land; Failure to meet the above quantitative standards, but causing direct economic losses of more than 300,000 yuan to relevant units or individuals, or causing large-scale damage to cultivated land or serious damage to vegetation.

Legal basis: Article 342 of the Criminal Law of the People's Republic of China stipulates: Whoever violates land management laws and regulations by illegally occupying farmland, forest land and other agricultural land, changing the use of the occupied land, and the amount of land occupied is relatively large, causing a large amount of destruction of cultivated land, forest land and other agricultural land, shall be sentenced to fixed-term imprisonment of not more than five years or short-term detention and/or a fine.

Criteria for filing a case for the crime of illegal occupation of forest land: (1) "Relatively large amount" of illegal occupation of cultivated land refers to the illegal occupation of more than 5 mu of basic farmland or the illegal occupation of more than 10 mu of cultivated land other than basic farmland. (2) Illegal occupation of cultivated land "causing a large amount of destruction of cultivated land" refers to the perpetrator's illegal occupation of cultivated land to build kilns, graves, houses, sand digging, quarrying, mining, soil extraction, stacking solid waste, or other non-agricultural construction, causing serious damage or serious pollution to the planting conditions of 5 mu or more of basic farmland or 10 mu or more of farmland outside of basic farmland.

The law is based on high law.

Article 342 of the Criminal Law of the People's Republic of China [Crime of Illegal Occupation of Agricultural Land] Whoever violates land management laws and regulations by illegally occupying farmland, forest land, or other agricultural land, or changing the use of the occupied land, and the amount is relatively large, causing a large amount of destruction of cultivated land, forest land, or other agricultural land, shall be sentenced to fixed-term imprisonment of not more than five years or short-term detention and/or a fine.

Criteria for filing cases of illegal occupation of forest land: illegally approve the expropriation and occupation of more than 10 acres of basic farmland; illegally approve the expropriation and occupation of more than 30 acres of cultivated land other than basic farmland; illegally approve the expropriation and occupation of more than 50 acres of other land; Failure to meet the above quantitative standards, but causing direct economic losses of more than 300,000 yuan to relevant units or individuals, or causing large-scale damage to the hall cavity or serious damage to vegetation on cultivated land.