论我国土地刑法规范的缺陷及其完善

Defects China's Land Criminal Law and Its Improvement

现行土地刑法规范存在立法目的以保护人类利益为中心,刑事法网不严密,以及个罪犯罪主体设定不合理、入罪门槛过高、司法认定困难等缺陷,不利于土地资源的保护,应予调整、完善。刑法应承认环境权益的独立性,并将其视为与人类利益并重的法益加以保护;还应对现有罪名的犯罪构成作相关修正。建议增设违规出让国有土地使用权罪、非法征收不动产罪、破坏土地质量罪等3个新罪名,以弥补刑法保护的漏洞。

Since China＇s existing land criminal law tends to focus on protection of human interests, it inevitably develops such defects as uncertainty of imposition of punishment, unreasonable description of the perpetrator of certain crime, too rigorous requirements of criminalization, and difficulty for courts to determine crime, which is held not conducive to protection of land resources and thus should be repaired. Firstly, the distinctness of environmental rights should be admitted in criminal law and they should be deemed and protected as legal rights as human interests. Secondly, the elements of constitution of existing crimes should be altered. Finally, to plug criminal law loophole, the following three offenses should be added ： illegal transfer of right to use state land, illegal land requisition and deteriorating land quality.