How to deal with illegal land grants and illegal land occupation

What is the difference between illegal occupation and illegal occupation.

The so-called illegal occupation of land refers to the act of occupying land without a legal basis for approval, or taking deceptive means to obtain approval to occupy land, and its behavior is an illegal act and the result is illegal occupation of land.

The so-called illegal occupation of land refers to the illegal act of destroying cultivated land and refusing to hand over land that has already been used and expired.

It can be seen that the two are both related and different, and they are two illegal acts at different levels, and the illegal acts of illegal occupation include the premise of approval and non-approval, and also include the violation of the law that does not require approval. Illegal occupation refers to the occupation of land that requires approval.

Illegal occupation includes:

A) without approval or fraudulent means to obtain approval, illegal occupation of land disputes;

2) Dispute cases in which rural villagers illegally occupy land to build houses without approval or by fraudulent means to obtain approval;

C) more than the approved amount of land occupation dispute cases;

4) Illegal approval and use of land is recovered in accordance with the law, and the relevant parties refuse to return the disputed case;

E) the resumption of the right to use State-owned land in accordance with the law, and the parties refuse to hand over the land dispute case;

6) Temporary use of land expires, refusal to return land dispute cases;

G) not in accordance with the approved use of land dispute cases;

H) not in accordance with the approved land location and scope of land occupation disputes;

9) Reclamation in areas where reclamation is prohibited as determined by the overall land use plan, and the dispute case is not corrected within the time limit after being ordered to make corrections within a time limit;

10) Disputes over the construction of permanent buildings or structures on land used temporarily;

11) Buildings and structures that have been built before the formulation of the overall land use plan that do not conform to the purposes determined in the overall land use plan, and disputes over reconstruction and expansion.

Illegal occupation of land includes:

1) Disputes over the occupation of cultivated land to build kilns and graves, and the destruction of planting conditions;

2) Cases of disputes over the unauthorized construction of houses, sand digging, quarrying, mining, soil extraction, etc., destroying planting conditions;

3) Cases of disputes over illegal occupation of basic farmland to build kilns, houses, graves, sand digging, quarrying, mining, soil extraction, stacking solid waste, or engaging in other activities to destroy basic farmland or destroy planting conditions;

4) Refusal to perform land reclamation obligations, and failure to correct the disputed case within the time limit after being ordered to make corrections;

5) Dispute cases over land users who temporarily occupy cultivated land for construction project construction and geological survey, and have not resumed planting conditions for more than 1 year from the date of expiration of the temporary land;

6) Dispute cases of land desertification and salinization caused by land development. Therefore, in practical work, it is necessary to seriously study and correctly distinguish the nature of the case in order to correctly implement the law.

The law does not allow illegal land acquisition, and if you encounter illegal land acquisition, you can resolve it through litigation in the court to protect your rights and interests. The Ministry of Land and Resources is the administrative organ of the state to deal with illegal occupation of cultivated land, and can deal with illegal occupation of cultivated land in a very responsible manner in accordance with the law. Do not use violent means to make it yourself, which can lead to adverse consequences of criminal liability.

According to the laws and regulations of our country, units and individuals who occupy land in violation of the law, or violate the land acquisition approval procedures prescribed by law, and the written approval is invalid and use the land, will be dealt with in accordance with the law and investigated for criminal responsibility according to law. The land used will be confiscated, and if the relevant parties refuse to return it, it will be dealt with as the crime of illegal occupation of land. Where the expropriation or use of land is illegally approved, causing harm to the parties, compensation shall be given in accordance with law.

According to the provisions of Article 12 of Article 4 of the Regulations for the Implementation of the Land Law of our country, anyone who illegally occupies land without approval or by fraudulent means shall be ordered to return the land by the competent department of land management and impose a fine. The principal responsible person and other directly responsible personnel shall be given administrative sanctions in accordance with law. where a crime is constituted, criminal responsibility is pursued in accordance with law.

If a fine is imposed at the same time, the amount of the fine shall be less than 30 yuan per square meter of illegally occupied land. If more than the approved amount of land is occupied, the excess will be considered illegal occupation. <>

The party who has illegally occupied the land may choose to submit the Application for Investigation and Punishment of Illegal Occupation of Cultivated Land to the competent department of natural resources or the competent department of agriculture and rural affairs. The competent authorities will deal with it in accordance with the law. The parties can also choose the illegal report **12336 opened by the Ministry of Land and Resources of the People's Republic of China to report and monitor illegal land use and resource management violations.

If the competent authority acts in omission, it may also take measures to further protect interests, such as administrative reconsideration and administrative litigation. <>

In the case of illegal occupation, then the best way to praise the slip is to choose to call the police, because illegal occupation is an illegal robbery or even to tolerate the illegal plundering of other people's wealth and property, which belongs to the police, and you can choose to call the police or negotiate with the village committee to deal with it.

In the case of illegal occupation, it is necessary to negotiate effectively with the other party, and effective evidence can be retained; If you want to effectively stop it in front of the cave, you must grasp the relevant evidence, so as to protect your legitimate rights and interests through legal means.

If you encounter this situation, you can directly report it to the relevant department and stop this behavior.

Legal analysis: Where the crime of illegal occupation of agricultural land is constituted, the sentence is generally up to three years imprisonment or short-term detention. The crime of illegal occupation of agricultural land refers to the act of illegally occupying farmland, forest land, or other agricultural land in violation of land management laws and regulations, changing the use of occupied land, and causing a large amount of destruction of cultivated land, forest land, and other agricultural land.

Legal basis: "Criminal Law of the People's Republic of China" Article 342 Whoever violates land management regulations by illegally occupying farmland, forest land, or other agricultural land, or changing the use of land that has been occupied, and the amount is relatively large, causing a large amount of destruction of cultivated land, forest land, or other agricultural land, shall be sentenced to fixed-term imprisonment of not more than five years or short-term detention and/or a fine.

Legal Analysis: Illegal land grant refers to the act of violating land management laws and regulations to approve the expropriation and use of land. The legal consequences are:

1.administrative sanctions shall be given in accordance with the law;

2.where a crime is constituted, criminal responsibility is pursued in accordance with law.

Legal basis: "Land Management Law of the People's Republic of China" Article 78 Units or individuals who do not have the right to approve the expropriation and use of land illegally approve the occupation of land, illegally approve the occupation of land beyond the approval authority, do not approve the use of land in accordance with the overall land use plan, or approve the occupation and expropriation of land in violation of the procedures prescribed by law are illegal land grants. The illegally approved documents are invalid, and the person in charge and other persons directly responsible for the illegal approval of the expropriation and use of land shall be given administrative sanctions in accordance with the law; where a crime is constituted, criminal responsibility is pursued in accordance with law. Land illegally approved or used shall be recovered, and if the relevant parties refuse to return it, it shall be punished as illegal occupation of land.

Where the expropriation or use of land is illegally approved, causing losses to the parties, they shall be liable for compensation in accordance with law.

Criminal Law of the People's Republic of China Article 410 Where a functionary of a state organ twists the law for personal gain, violates land management regulations, abuses his power, illegally approves the expropriation or occupation of land, or illegally transfers the right to use state-owned land at a low price, and the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention; and where the state or collective interests suffer especially heavy losses, the sentence is to be between three and seven years imprisonment.

How to punish illegal occupation.

Legal analysis: Where illegal occupation is made, the competent departments of natural resources and agriculture and rural affairs of the people's governments at or above the county level shall order corrections or rectification within a time limit in accordance with their duties, and may be fined concurrently; where a crime is constituted, criminal responsibility is pursued in accordance with law.

Legal basis: According to Article 75 of the "Land Management Law", if digging a good ear violates the provisions of this law, occupies cultivated land to build kilns, build graves, or build houses, dig sand, quarry, mine, take soil on cultivated land without authorization, and destroys planting conditions, or if the land is desertified or salinized due to the development of land, the competent department of natural resources and the competent department of agriculture and rural affairs of the people's department at or above the county level shall order correction or governance within a time limit in accordance with their duties, and may be fined concurrently; where a crime is constituted, criminal responsibility is pursued in accordance with law.

The penalties for illegal occupation are as follows:

1, by the people's land administrative departments at or above the county level ordered to return the illegally occupied land. and to restore the illegally occupied land to the state it was in before it was occupied;

2. If new buildings and other facilities in violation of the overall land use plan are built on the illegally occupied agricultural land, they shall be demolished. If the building conforms to the land use master plan, the building will be confiscated;

3. The person in charge and other persons directly responsible for the illegal occupation of land shall be given administrative sanctions in accordance with the law; where a crime is constituted, criminal responsibility is pursued in accordance with law.

Criteria for filing a case for the crime of illegal occupation of land:

1. Illegally approving the expropriation or occupation of more than 10 hectares (10 acres) of basic farmland, or more than 2 hectares (30 acres) of other cultivated land, or more than 50 acres of other land;

2. Illegally approve the expropriation of Sakura Tour within 12 months, and occupy the land to meet the above standards.

To sum up, the crime of illegally approving the expropriation and occupation of land refers to the conduct of state functionaries who engage in favoritism, violate land management laws and regulations, abuse their powers, and illegally approve the expropriation and occupation of land, where the circumstances are serious.

Legal basis]:

Article 77 of the Land Management Law of the People's Republic of China.

Anyone who illegally occupies land without approval or by fraudulent means to obtain approval by deception, shall be ordered to return the illegally occupied land by the competent department of natural resources of the people's people at or above the county level, and if the agricultural land is changed to construction land without authorization in violation of the overall land use plan, the newly built buildings and other facilities on the illegally occupied land shall be demolished within a time limit, and the original state of the land shall be restored, and the newly built buildings and other facilities on the illegally occupied land shall be confiscated and fined if they conform to the overall land use plan; The person in charge who is directly responsible for the illegal occupation of land and other persons directly responsible for the illegal occupation of land shall be punished in accordance with law; where a crime is constituted, criminal responsibility is pursued in accordance with law.

If the amount of land is occupied in excess of the approved amount, the excess land shall be punished as illegal occupation of land.

Punishment for illegal occupation of land: Those who constitute the crime of illegal occupation of agricultural land shall generally be sentenced to fixed-term imprisonment of not more than three years or criminal detention. The crime of illegal occupation of agricultural land refers to the act of violating land management laws and regulations by illegally occupying cultivated land, forest land, or other agricultural land for liquid dissipation, changing the use of the occupied land, and the amount is relatively large, resulting in the destruction of a large amount of cultivated land, forest land, and other agricultural land.

Article 342 of the Criminal Law of the People's Republic of China: Whoever violates land management regulations by illegally occupying farmland, forest land, or other agricultural land, changing the use of the occupied land, and the amount of land being occupied is relatively large, causing a large amount of destruction of cultivated land, forest land, and other agricultural land, shall be sentenced to up to five years imprisonment or short-term detention and/or a fine.