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鉴于土地资源的稀缺性,通过法律手段予以保障向来是资源立法的历史传统。但是工业化进程的加速使得土地资源所遭受的破坏日趋严重,原先局限于保障土地资源所有权、使用权的民法法益和保障土地资源管理秩序的行政法法益均不足以应对当前的生态危机和环境危机。因而,对土地资源违法行为犯罪化和刑罚化成为国际资源立法的趋势,通过确立土地犯罪的刑法法益,并且逐步将关注重点从土地资源的财产利益转向生态利益代表了土地资源立法的未来趋向。
In view of the scarcity of land resources, protection by legal means has always been the historical tradition of resource legislation. However, the acceleration of industrialization made the destruction of land resources more and more serious. The law of law, which was originally limited to guaranteeing the ownership and right of use of land resources, and the law of administrative law guaranteeing the order of land resource management, were not enough to deal with the current ecological crisis and environmental crisis. Therefore, the criminalization and penalization of illegal activities of land resources have become the trend of international resource legislation. By establishing the criminal legal interest of land crime and gradually shifting the focus from the property interests of land resources to ecological interests, the future trend of land resources legislation is represented.