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Definition of the crime constitution of the crime of illegal sale of land use right

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Definition of the crime constitution of the crime of illegal sale of land use right


        

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  • 2024-05-26 12:02:09

    There is no crime of illegal sale of land use right in the criminal law of our country. The corresponding crime is the crime of illegal transfer and reselling of land use right. The constitutive elements of this crime include:

    1. Object requirements. The object of this crime is the national land management system.

    2. Objective requirements. The objective aspect of this crime is that it violates land management laws and regulations, illegally transfers and resells land use rights, and the circumstances are serious.

    3. Main elements. The subject of this crime is the general subject. Any natural person who reaches the age of criminal responsibility and has the capacity of criminal responsibility can become the subject of this crime.

    4. Subjective elements. This crime is intentional in the subjective aspect, and is aimed at making profits, not for making profits, and does not constitute this crime.

    [Legal Basis]

    Article 228 of the Criminal Law: Whoever, for the purpose of making profits, illegally transfers or scalps the right to the use of land in violation of the land administration laws and regulations, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined not less than five percent but not more than 20 percent of the value of the right to the use of land illegally transferred or scalped;

    If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined not less than 5 percent but not more than 20 percent of the value of the illegal transfer or profiteering of land use rights.

    Xu***

    2024-05-26 12:02:09

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