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How many acres of cultivated land are damaged by sand dredging to constitute a crime?
The crime of illegal occupation of cultivated land, less than 5 years. "Criminal Law of the People's Republic of China"
Article 342: The crime of illegal occupation of agricultural land violates land management regulations, illegally occupies farmland, forest land and other agricultural land, changes the use of occupied land, and changes the amount of land. If the amount is relatively large and causes extensive destruction of cultivated land, forest land and other agricultural land, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also or solely be fined.
Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of Damage to Land Resources
Fa Interpretation [2000] No. 14
Article 3 Violation of Land Resources According to management regulations, those who illegally occupy cultivated land for other purposes, in large quantities, causing extensive damage to cultivated land, shall be convicted and punished for the crime of illegal occupation of cultivated land in accordance with the provisions of Article 342 of the Criminal Law:
(1) Illegal occupation of "large amount" of cultivated land refers to illegal occupation of more than five acres of basic farmland or illegal occupation of more than ten acres of cultivated land other than basic farmland.
(2) Illegal occupation of cultivated land "causing extensive destruction of cultivated land" refers to the illegal occupation of cultivated land by perpetrators to build kilns, build tombs, build houses, dig sand, quarry, mine, borrow soil, and pile solid waste or carry out other non-agricultural construction, causing serious damage or serious pollution to the planting conditions of more than five acres of basic farmland or more than ten acres of cultivated land other than basic farmland.
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