Law Amendment to Prevent the State Land Encroachment

Abstract

This research article aims to study the law amendment to prevent the encroachment of state land for both an ordinary state property case and a public domain of state case.

The study found that the state land encroachment caused great problems as follows: inconsistency of presumptions and penalties of laws, neglect of competent officials responsible for the inspection and supervision and lack of people and local participation. In addition, the problem of state land encroachment is regarded as a preliminary offense under the anti-money laundering laws.

The author suggests that a further legal presumption should explain that its offence is the same as other relevant laws and should the relevant laws’ penalties should be amended to ensure the same penalty rate standard. Specific offenses and penalties should be established for competent officials who neglect to inspect and supervise the state land. People should be considered as a victim under the Criminal Procedure Code and have the right to receive rewards for information leading to arrest and conviction. A decree should define the land reform area as an effective repealed public domain of state only after the land has been delivered. Furthermore, the offense of state land encroachment, regardless of commercial or not, should be deemed a preliminary offense under the anti-money laundering laws.