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随着新型城镇化推进,新一轮农村土地制度改革已在稳步进行。土地的征收、流转环节会产生增值收益,这些收益应按产权关系合理分配。但由于治理机制缺失、法律法规不健全等种种原因,在农村土地增值环节产生了大量增值收益不正常分配的现象,相当一部分已构成犯罪行为。征地增值环节犯罪手段主要有:征地补偿不到位,补偿款项由于种种原因被截留、侵吞。土地使用权流转增值环节犯罪手段主要有:随意截留、挪用土地增值收益,侵吞收益,非法转让、倒卖土地,非法占用农用地等。必须从土地确权、增值收益管理、村级财务监督、提高执法效率等方面加强对农村土地增值犯罪的防控。
With the advent of new urbanization, a new round of rural land reform has been steadily proceeding. Land expropriation, transfer links will produce value-added benefits, these benefits should be reasonable distribution of property rights. However, due to various reasons such as the lack of governance mechanism and imperfect laws and regulations, a large number of abnormal value-added benefits have been distributed in rural land value increment. A considerable part of them have constituted crimes. The main means of crime in the area of value-added land acquisition are: compensation for land acquisition is not in place, compensation funds are intercepted and swallowed for various reasons. The means of crime in the transfer of value added of land use rights include: arbitrary interception, misappropriation of land value-added income, misappropriation of proceeds, illegal transfer, sale of land, and illegal occupation of agricultural land. The prevention and control of rural land value added crime must be strengthened from the aspects of land ownership confirmation, value added return management, village financial supervision and improvement of law enforcement efficiency.