破坏耕地罪探讨

破坏耕地行为有违宪法、刑法和民法等规定,但无可直接引用的破坏耕地罪专门条款。应以附属刑法的方式设立破坏耕地罪。论述了破坏耕地罪的概念和构成及其刑事责任,并指出适用破坏耕地罪时应注意的问题,如罪与非罪的界限以及破坏耕地罪与侵占土地罪、破坏土地资源罪、破坏自然资源罪等的界限。

Study on Crime of Destroying Cultivated Land

Action of destroying cultivated land infringed the stipulation of Constitution, Criminal Law and Civil Law. Having no special provision which could be quoted directly, crime of destroying cultivated land should be established by way of subsidiary criminal law. The conception, constitution and responsibility for crime were discussed, and the issues should be noticed in applying crime of destroying cultivated land were pointed out, such as bounds of guilty and inguilty, bounds of crime of destroying cultivated land and crime of seizing land, crime of destroying land resources, crime of destroying natural resources.