The Supreme People's Court (SPC) has released typical cases on the protection of agricultural land in accordance with the law, aiming to promote the awareness of the rule of law in the joint protection of agricultural land in the whole society. Among them, the case of the leader of an underworld organization in Jiangxi Province who "forcibly bought" villagers 1,000 acres of mountains and forests and engaged in illegal construction was also included. It is reported that since 2004, the criminal organization headed by the defendant Cheng Mouke has dominated one side, bullied and brutalized the masses, and successively carried out more than 20 illegal and criminal activities, undermining the order of economic and social life around Fuliang County in Jiangxi Province and causing a bad social impact.
Cheng Mouke's illegal occupation of agricultural land caused the original land to lose its cultivation conditions, destroyed land resources, and harmed the public interest, and should bear civil liability for restoring land reclamation conditions. Comprehensively considering the defendant's confession, admission of guilt and acceptance of punishment, recidivism and other circumstances, Cheng was sentenced to one year and three months imprisonment and a fine of 50,000 yuan for the crime of illegally occupying agricultural land, and sentenced to 25 years imprisonment, confiscation of all personal property, and deprivation of political rights for five years. At the same time, it was decided that Cheng Mouke should pay 347256 yuan for the restoration of reclamation conditions in accordance with the ecological restoration plan made by the Jingdezhen Judicial Appraisal Center in Jiangxi Province, and at the same time bear the cost of formulating the ecological restoration plan of 5,800 yuan. The Intermediate People's Court of Jingdezhen City, Jiangxi Province, upheld the original judgment in the second instance.
This case highlights the interweaving of the crime of illegal occupation of agricultural land with other crimes such as criminal syndicates and vices. Because of the huge interests involved in the illegal occupation of agricultural land, it is often involved in other crimes such as illegal mining and illegal logging, and many cases also involve underworld forces, making it difficult to deal with them. In this case, the villagers were influenced by the underworld organization and were forced to transfer the mountains and forests under their names to Cheng Mouke. Cheng's actions not only destroyed a large amount of agricultural land, but also had a serious impact on the lives of local villagers, resulting in a bad social impact.
The people's court investigated Cheng Mouke for criminal responsibility in accordance with the law and made a severe judgment against him. This shows the determination and effectiveness of the people's courts to persist in the normalization of the eradication of organized crime and vice, to severely crack down on crimes related to organized crime and vice in the field of land resources in accordance with the law, and to comprehensively ensure the sustainable use of land resources and the sustainable development of agriculture.
Generally speaking, the trial results of this case have positively safeguarded the protection and rational use of agricultural land resources, and have also effectively cracked down on illegal occupation of agricultural land and other criminal acts related to organized crime and vice. It is hoped that all sectors of society can further strengthen the awareness of the rule of law on the protection of agricultural land and jointly participate in the rational use and protection of agricultural land resources. The government should also improve relevant laws and regulations and intensify the crackdown on similar criminal acts, so as to better protect agricultural land resources and safeguard the public interest.