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我国人多地少,资源匮乏的矛盾突出,国家先后出台或修改了《中华人民共和国土地管理法》、《基本农田保护条例》等法律、法规,并将非法占用耕地和徇私舞弊非法批准征用、占用耕地等行为纳入刑法调整范畴。但现实中非法占用农村土地问题仍然十分严重,一些地方领导越权批地、违法批地,造成大量耕地被乱占滥用,土地资源遭受巨大破坏。本文结合近年办理非法占用土地犯罪的案件,谈几点看法。
Our country has many contradictions with few resources and lack of resources. The state has promulgated or amended laws and regulations such as the Land Administration Law of the People’s Republic of China and the Regulations on the Protection of Basic Farmland, illegally approved the acquisition of cultivated land and favoritism, Occupation of cultivated land and other acts into the scope of criminal law adjustment. However, in reality, the problem of illegal occupation of rural land is still grave. Some local leaders have overrun land and illegally approved grants, causing a large amount of cultivated land to be indiscriminately occupied and the land resources severely damaged. This article combined with recent cases of illegal occupation of land crime cases, talk about a few comments.