论非法占用农用地罪的法益革新与适用OACHSSCD

There is a debate regarding the protected legal interests of the crime of illegally occupying agricultural land between the order-based legal interest theory and the mixed legal interest theory centered on ecological legal interests.The order-based legal interest theory,adhering rigidly to abstract administrative order while neglecting the ecological value and property attributes of agricultural land,not only results in deficiencies in the scope of protection but also makes the legal framework vulnerable to policy changes.In contrast,the mixed legal interest theory centered on ecological legal interests not only conforms to the active criminal law approach in a risk society and the principle of unity of legal order,but also receives sufficient justification within the framework of criminal law interpretation.In judicial application,this theory emphasizes"change of land use"and"extensive destruction"as the core criteria for determining criminal illegality,thereby achieving a transition from maintaining formal administrative order to safeguarding substantive ecological functions.This approach is consistent with the policy orientation of ecological civilization construction and the integrated protection of agricultural land in terms of quantity,quality,and ecological functions.