Research On Land Criminal

The related research of land criminal is the nearly ten years receives the scholars attention gradually. Promulgates before the new criminal law,even does not have the correlation the land criminal stipulation。For several years mainly concentrate regarding the research of land criminal in three aspects, The first aspect is four charges concepts and the constitution, why does the second aspect namely study the land criminal, the third aspect is the land criminal type and the flaw. Although the constitution of our country land criminal has been perfect in the content and the form, but to land criminal punishment and to land protection, regardless of in the legislation, in the research of judicial idea appears the relative lag, even appears the blank in certain domains. This article by the way which vertically and horizontally unifies, in on crosswise inquired into our country land criminal law should adopt legislation pattern, goal idea and function orientation, system research land criminal concept, characteristic, basic type, constitution, shape as well as punishment;On longitudinal unified the entity question and the point of order, the criminal standard and the criminal policy, from aspect and so on constitution protection, civil protection and administrative protection has comprehensively analyzed soil protection each method and its the legislation flaw, performs the land criminal punishment as the systems engineering to clarify analyzes, and puts forward the legislation proposal for the land rules and regulations.About the paper including 6 chapter of contents, studied the land criminal legislation comparison, the correlation concept separately has screened, the concept and the constitution, the crime and the non- crime boundary, the responsibility and the penalty , a singal crime of land criminal analyzes, the land criminal legislation flaw and consummates the ponder, and proposed newly supposes the legislation suggestion which the land criminal.The paper first chapter mainly during the emphasis land criminal research necessity, the vital significance and value, performs to our country land criminal law protection legislation history to recall, and with Hong Kong, Macao, the Taiwan area and the British and American legal system and the mainland legal system land criminal law protection legislation compares, may see the Chinese inland from the comparison to the land criminal penalty regarding other countries to say must be severer relatively.