The Standing Committee of the National People's Congress discussed in article 228Th of the criminal law, article 342nd, the provisions of article 410th "violates the laws and regulations on land management" and the 410th article of the "illegal occupation of land requisition, meaning", explained below:
        Article 228Th of the criminal law, article 342nd, the provisions of article 410th "in violation of the regulations on land management" refers to the provisions on land management in violation of the land management law, forest law, grassland law and other laws and administrative regulations.
        Article 410th of the criminal law stipulates "the illegal approval of the expropriation, the occupation of land", refers to the illegal approval of the expropriation, the occupation of cultivated land, forest land and other agricultural land and other land.
        Hereby announcement.
        Interpretation.   The legal interpretation of relevant articles of the criminal law "in violation of regulations" land management and article 410th of the criminal law in "the illegal approval of the expropriation, the occupation of land" means the interpretation.
        The legal interpretation is with the "PRC Criminal Law Amendment (two)" at the same time through. The State Council in order to stop the illegal acts of deforestation for farmland reclamation and the indiscriminate use of land, in 2001 May 23 to the Standing Committee of National People's Congress put forward "on the deliberation of 'of the people's Republic of China article 342nd of the criminal law, the 410th amendment (Draft)"' bill. Bill second to the article 410th of the criminal law is amended as "state personnel who violate the laws and regulations on land management, forest management laws and regulations, illegal approval of the expropriation, the occupation of land, illegal approval or reclaimed forest lands, the occupation of land and used for other purposes, or the illegal transfer of state-owned land use rights, if the circumstances are serious, place below three years period in prison or detention; if especially heavy losses are caused to the state or collective interests, three to seven years in prison," increase "in violation of forest management regulations" and "illegal occupation of forest land reclamation land examination and approval, and for other use" content in a description of. The NPC Standing Committee and the Legal Committee believes that in the review process, the criminal law 410th stipulation has included the illegal approval of the expropriation, the occupation of land, can not modify. In view of Legislative Affairs Office of the State Council, the State Forestry Administration due to reflect, the provisions of article 410th of the criminal law of the "land management law" and "illegal occupation of land requisition, understand the meaning of" is not the same, the practice of some illegal approval of the expropriation & occupation of forestland, constitute a crime is not applicable to article 410th of the criminal law shall be prosecuted for criminal responsibility. In order to solve the problems exist in the practice of law of inconsistent understanding of the problem, the Law Committee of the NPC Standing Committee proposed, according to the relevant provisions of the legislation law, the legal interpretation of the meaning of the article further clear, to this kind of crime fighting. At the same time, the Law Committee to consider in addition to article 410th of the criminal law, article 228Th of the criminal law, article 342nd also stipulates that "violates the laws and regulations on land management", its meaning and article 410th of the criminal law is the same, should also be clear.
        This interpretation is clearly four questions:
        First, the land management laws and regulations in the criminal law meaning. The criminal law "and" Land Management Provisions Article 228Th, article 342nd, article 410th. The provisions of these provisions of the "law on land management" is the division of land in accordance with the law the legal department, and not only refers to the "management law" land of people's Republic of China, it also includes provisions relating to land management in other laws and administrative regulations on land administration under the state council. "Management approach" land of people's Republic of China is the basic law of land management, according to the provisions of the law fourth of land, including land and unused land, construction land, agricultural land and cultivated land, which includes woodland, grassland, farmland land, aquaculture water surface etc.. Therefore, an important part of forest land belongs to the land. Forest law and regulations and other forest management laws and regulations, the implementation of the State Council forest laws have provisions on forest management, part of these Provisions also belong to the land management laws and regulations. In addition, the provisions on land management according to the law and the State Council formulated the detailed rules for the implementation of administrative regulations and other administrative regulations on land management in the grassland law, mineral resources law and other laws are the laws and regulations on land management, the scope of this article. In violation of the regulations on land management, is refers to the violation of the law, regulations on land management.
        Second, the national office working personnel of article 410th of the criminal law meaning. Article 410th of the criminal law in the provisions of the State functionaries refers to personnel engaged in the work of land management for land management authority in state organs. Need to be particularly clear, national staff here is to include the people's governments at various levels of the competent forestry authorities staff. The main purpose of the article 410th of the criminal law amendment suggestions to the State Council is in order to solve this problem. The NPC Standing Committee after discussion that the article 410th of the criminal law is the competent forestry authorities, including the, so there is no need to modify.
        In addition, the competent forestry authorities under the State Council, in practice there are non forestry authorities in some areas and staff also illegal approval of units or individuals occupying woodland of deforestation for farmland reclamation or aquaculture and other activities, resulting in large tracts of forest, this kind of behavior is also should be in accordance with the provisions of article 410th of the criminal law shall be prosecuted for criminal responsibility, in practice there are different understanding. From the provisions of the criminal code, article 410th of the criminal law is the state organs to exercise their functions and powers according to law of land management and its staff in violation of the laws and regulations on land management provisions, illegal approval of the expropriation, land occupation constitutes a crime, the other state organs outside the land management agencies and their staff to overstep one's authority, illegal approval of other units or individuals occupied land the application of article 410th of the criminal law, should not be. The rest of this not having or directly exercise their land management authority of the state organs and their staff, abuse beyond its authority illegal approval of land occupation behavior actually belongs to have on their own authority. The staff of state organs breach of privilege, illegal approval of land occupation, cause public property, the interests of the state and the people to suffer heavy losses, shall be in accordance with the provisions of article 397th of the criminal law on the crime of breach of privilege, shall be investigated for criminal responsibility.
        Third, the criminal law 410th stipulation "illegal" meaning. The use of the land, the land management laws and regulations stipulate strict examination and approval system. Any unit or individual construction need to occupy the land, must apply for approval. For the use of land to peasants collectively all of the land, Chen Xing township enterprises or villagers residential construction has been approved to use the collective economic organizations of peasants' collective ownership of land, or township (town) outside the village building public facilities and public welfare undertakings has been approved to use land collectively owned by peasants, must first go through the formalities for the expropriation of the state land, the collective land requisition for all countries. Due to the examination and approval procedures and conditions of construction land acquisition, land management laws and regulations made clear. Illegal approval means that violates the laws and regulations on land management provisions about land expropriation, occupy the examination and approval procedures, conditions, to the unit or individual illegal requisition or occupation of land.
        The competent forestry authorities under the State Council shall reflect, some local judicial practice, staff in the forestry authority for land requisition examination and approval procedures illegal behavior whether to belong to the criminal law 410th stipulation "illegal approval of the expropriation, the occupation of land" on the issue, the inconsistent understanding. The provisions of the approval should be understood in a broad sense, refers to the exercise of functions and powers of state organs and their staff's behavior, which enjoy the land management authority of the state organs in accordance with the law, including the land management authorities at all levels, the competent forestry authorities and their staff, audit, approval unit or individual use, occupation of land, including land act. Each link of the whole land expropriation, the use of audit, approved by the examination and approval of land requisition, are occupied. According to the law on land management and forest law relating to forest management, prospecting, mining and construction of roads, water, electricity, communications engineering, need to use or requisition forest land, land units should first of all for the application to the competent forestry authorities of the people's government at or above the county level shall, after examination and approval, in accordance with the standard of the forest vegetation the provisions of the state restoration costs, a forest land use approval document. Land units on the forest land use approval document shall go through the formalities for examination and approval of construction land. Occupied or requisitioned land without the approval of the competent forestry department approval, the land administrative departments shall not accept the application for the use of construction land. Temporary occupation of land, shall be approved by the competent forestry authorities of the people's government at or above the county level. The competent forestry authorities in accordance with the above process to provisions of the audit, a part of the provisions of the state laws and regulations on Land Management land requisition, occupation approval procedures. The competent forestry authorities and their staff in the review process, in violation of the provisions of the laws and regulations on land management procedures and conditions permit, illegal occupation of forest land requisition, the unit or individual, illegal approval of the expropriation of the criminal law 410th stipulation, occupation of land, if the circumstances are serious, which constitutes a crime, shall be investigated for criminal responsibility according to law.
        Fourth, the meaning of "land". According to the "Regulations of the people's Republic of land law" in article fourth, article 410th of the criminal law stipulates "the illegal approval of the expropriation, the occupation of land" land including agricultural land, construction land and unused land. The agricultural land refers to land directly used for agricultural production, including cultivated land, woodland, grassland, farmland land, aquaculture water surface etc.. Land for construction is the construction of buildings, structures, land, including urban and rural residential and public facilities land, industrial land, traffic land used for water conservancy facilities, tourism land, military facilities land etc.. Unused land refers to land and construction land outside the land.
        Need of special note is, the explanation is the NPC Standing Committee in the State Council for consideration for deliberation and on the amendments to article 342nd of the criminal law, 410th motion process, after the discussion made. The main purpose of proposed changes to article 410th of the criminal law of the State Council is proposed in order to investigate some of the local forestry authorities staff involved in woodland conversion, acquisition, occupation of the audit, approval process, illegal approval or ratification of the illegal occupation of forest land to forest land act. The NPC Standing Committee in the course of the discussion, the criminal law 410th stipulation "illegal" itself is including all levels of the competent forestry authority staff illegal for woodland conversion audit and forest land occupancy procedures behavior, so there is no need to modify the article 410th of the criminal law, but to different understanding about this problem unified practice, it is necessary to to be clear through the legislative interpretation, namely, the competent forestry authorities of the people's government at all levels of staff, in the process of land requisition, violations of land management laws and regulations, illegal requisition of forest land examination and approval or approval of the occupation of land, if the circumstances are serious, shall be investigated for criminal responsibility in accordance with the provisions and article 410th of the criminal law. At the same time, the NPC Standing Committee also thinks, other land resources in order to protect the cultivated land, forest land outside of the relevant departments, to prevent the practice meaning to article 410th of the criminal law in the land of other inconsistent cognition, it is necessary to be clear that "land" in addition to including cultivated land, woodland, grassland, also includes farmland land, aquaculture and other agricultural land and construction land, unused land.