内蒙古自治区通辽市多名农民因在承包林地间种小麦等农作物遭到刑事处罚,案件的核心争议点指向了最高法司法解释中的一个标点符号。1
王晓梅承包了105亩林地,承包费达23万多元,承包期为15年。12026年6月,她在林地间种植31.7亩小麦后被刑事拘留。1科左中旗的一位韩姓农民也因在林间种植而被判有期徒刑一年二个月,尽管检察院的量刑建议仅为拘役六个月。1自2024年开展打击毁林毁草专项行动以来,类似刑事案件数量大幅增加。1
争议的焦点在于对司法解释中顿号的理解——将其理解为"或"则农民构成犯罪,理解为"和"则无罪。1这一解释分歧在法律界引发关注,有观点指出这一现象与司法部规定和立法技术规范存在冲突。1
Multiple farmers in Tongliao, Inner Mongolia have faced criminal prosecution for illegally occupying agricultural land after intercropping wheat and other crops between trees on their leased forestland.1 The core of the dispute centers on how to interpret a punctuation mark in a Supreme Court judicial interpretation—whether a comma should be read as "or" or "and," with the former rendering the defendants guilty and the latter exonerating them.1
Wang Xiaomei leased 105 acres of forestland for a term of 15 years at a cost exceeding 230,000 yuan.1 After intercropping 31.7 acres of wheat on the leased land in June 2026, she was placed in criminal detention.1 In another case, a farmer surnamed Han from Kezuo Zhongqi was convicted and sentenced to one year and two months imprisonment for similar conduct.1 The procuratorate had recommended a sentence of six months detention, but the court adjusted the penalty to one year and two months.1
The number of such criminal cases has surged significantly since 2024, when the region launched a special crackdown campaign against forest and grassland destruction.1 The interpretive disagreement has sparked controversy within legal circles, with critics arguing that the current enforcement practice conflicts with regulations issued by the Ministry of Justice and established legislative drafting standards.1
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