Research About Crime And Non-crime On The Procedure Of Owning Resettlement Housings

As the process of China’s urbanization promote further, reconstruction to thesuburban and urban villages across the country are using the policy of housingdemolition compensation and distribution to support. The existence of resettlementhousings has its functions. On one hand, intensive use of urban land, centralizedresettlement evictees, ensure that public land for urban demands; on the other hand,to improve the community environment of the city-country edge and also to promotelocal residents’ living standard and quality. Both of them represent a win-winsituation. In will be conducive to regional urbanization at the same time, also canmaintain social stability, improve people’s livelihood and promote local economicand social development.In fact, due to suburban and urban village population composition is complexand common social demands of the needs of normal population variance in quite along time. On how to properly allocated for every household after demolition andresettlement for the demolition and has produced many operation problems, so theresettlement policy is relatively complicated and has some obvious holes. Because ofthis, it is "an opportunity" to local residents. In accordance with the requirements ofthe policies and regulations, a fine line, to ensure that their can be assigned to housing area as much as possible. It is also because of this, many places appeared ina series of "divorce tide" and "remarried tide","home separation tide" and "theregistration tide". Fundamentally, it is nothing more than to conform to theresettlement policy and to take a risky move. And of course, this "cut corners"behavior whether is involved in fraud, or need to criminal law regulation, and how tocarry out the reasonable and lawful regulation will be discussed in this paper mainly.In the first chapter, it deals with the brief background and characters ofresettlement housings. At the beginning, the article has a short discussion about thebackground of resettlement housings, including the demand of district developmentand civil commercial land should be a lot of land concentration among the majorpremise of China’s urbanization at present. It makes residents for the demolition andrelocation of the existence of the resettlement housings policy reasonable. Later, ithas to be identified about the legal position of resettlement housings. Different fromlimited property housings and economically affordable housings which are analyzedand studies a lot, it has its own characters. It is clearly that resettlement housings stillbelongs to affordable housing and its land certified as state-owned land. Although ithas limits on the property rights, can’t avoid the market value of resettlementhousings. Further more, the article can clarified the owning behaviors of victims andthe victim interests.In the second chapter, there are three real cases which have to be analyzeddeeply. These three cases which so called “old people fraud remarried”“middle-agepeople cross married” and “younger fraud files”. The three cases are using somemethods of appearance changing or legal identities and even mean to make somefiles to satisfy the rules of resettlement requirements. When getting the apartments,all actions just return to the former situations. They are representing typical cases ondifferent ages or types of family form who wants to have more resettlement housings.The assay think that the process of owning resettlement housing is falsity tolerant bythe law. On the contrary, if it own the evidentiary materials with legal process butshortcuts of purposes, the criminal law has no ability to punish the illegal intents.In the last part, the article talks about the criminal thinking of having resettlement housings. Firstly, it discusses the necessary of the existence of criminalbehave through the result of three cases. Secondly, the author collected threedifferent cases, with different places and characteristics, which all contain impropermeans to obtain the resettlement housings, and analyses other courts facing withsuch cases based around what kinds of reasons and evidence, legal basis and theverdict. Then try to understood the main reason all focus on the situation of“Concealing the facts and forged the truth” and it need to pay attention. Lastly, itanalyzes the possibilities of illegal behaviors and which names of crime will beproper. For example whether it be named fraud crime or create a new name directlywould be better. The idea of the article is not all the actions of owning resettlementhousings should be punished, some behaviors can use administrative punishments toseek the results and when defied as fraud, it should include subjective, behavior andresults. Specifically, it has improper intents in mind, did fake actions indeed,disobeyed the law, and owned the benefits truthfully and resultantly.