Illegal occupation of agricultural land subject behavior and judicial recognition: Based on empirical analysis of 200 cases
JIN Hai;HU Manman;Law School, Hohai University;
Using the method of empirical research, the paper analyzed the trial of 200 cases of illegal occupation of agricultural land across 16 provinces from 2003 to 2014.The empirical results show that the behavior of illegal occupation of agricultural land has not been effectively controlled. The behavioral agents are mainly natural person or unit, and their behavior is characterized by economic interests to seek out the other uses of agricultural land for the construction of illegal accounting for land use. The most common form is unauthorized. There are less applicable penalty auxiliary measures, and the amount of the fine imposed by the large fluctuation, the identification mechanism is disordered. So the paper proposes that the key of judicial governance is to strengthen the source prevention mechanism and special treatment, to apply administrative and judicial punishment differently, to ensure fair appraisal as well as to establish land restriction compensation system.