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If the land contract management right is encroached upon, you can go to the local rural agricultural department to report it. If it is encroached upon due to construction, you can report it to the local natural resources and planning department and the local housing and construction department.
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Now every village has a village cadre, and when it comes to land disputes, you can go to the relevant leaders of the village chiefs.
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China implements a strict land use management system, strictly prohibiting unapproved pre-occupation, rent instead of expropriation, approval of A to occupy B, approval of less to occupy more, not in line with the needs of the public interest, not in line with the overall land use plan and the implementation of the annual plan of land acquisition are suspected of violating the law, you mentioned the situation needs to investigate and verify the following issues: First, first verify the legality of the expropriation approval procedures, and the time of expropriation approval directly determines the compensation standard. Second, the compensation standards and operating losses related to land and housing are subject to the expropriation compensation and resettlement plan approved by the land acquisition approval authority and the local normative compensation documents, combined with the corresponding market assessment value.
At present, the provincial standards for land acquisition compensation (land compensation and resettlement subsidy) are not unified, some have been compensated according to the approved land price of the land acquisition area, and some are determined according to the unified annual output value of cultivated land multiplied by multiples, but the final land acquisition is subject to the expropriation plan approved by the land acquisition approval authority. Third, only when the expropriation is carried out in accordance with the law and the compensation for the expropriation is fully implemented in accordance with the law, the ground can be started.
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Legal analysis: You can directly call the Municipal Bureau of Land, Environment and Resources or the Municipal Supervision Bureau** to report, according to the relevant laws and regulations, any unit or individual has the right to report and accuse land violations. No unit or individual may occupy, buy or sell or illegally transfer land in other forms.
Legal basis: Article 2 of the Land Management Law of the People's Republic of China The People's Republic of China implements the socialist public ownership of land, that is, the ownership of the whole people and the collective ownership of the working people. Ownership by the whole people, i.e. ownership of state-owned land is exercised by *** on behalf of the state.
No unit or individual may occupy, buy, sell, or illegally transfer land in any other form. Land use rights may be transferred in accordance with law. For the needs of the public interest, the State may expropriate or requisition the land returned to it in accordance with the law and give compensation.
The State implements a system of paid use of state-owned land in accordance with the law. However, the State shall not allocate the right to use state-owned land within the scope prescribed by law. Land cannot be bought or sold.
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Legal analysis: Rural occupation of cultivated land should be reported to the Bureau of Land and Natural Resources or by calling 12345.
Legal basis: Land Management Law of the People's Republic of China
Article 3 It is the basic national policy of our country to cherish and rationally use land and to effectively protect cultivated land. The people at all levels shall take measures to make comprehensive plans, strictly manage, protect and develop land resources, and stop illegal occupation of land.
Article 5 The competent departments of natural resources are responsible for the management and supervision of land throughout the country. The establishment and duties of the local people's departments in charge of natural resources at or above the county level shall be determined by the people's departments of provinces, autonomous regions, and municipalities directly under the Central Government in accordance with the relevant provisions.
Article 9 The land in urban areas of cities shall be owned by the State. Land in rural areas and on the outskirts of cities shall be owned by peasant collectives, except as provided by law for the State; Homesteads, self-cultivated land, and self-cultivated mountains belong to peasant collectives.
Article 10 State-owned land and land owned by peasant collectives may be determined for use by units or individuals in accordance with law. Units and individuals using land have the obligation to protect, manage, and rationally use land.
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Parties to report the encroachment on farmland can be complained to the people's ** land administrative departments at or above the county level. The state protects farmland and strictly controls the conversion of farmland into non-cultivated land. Those who illegally occupy farmland for other purposes, and the amount is relatively large, and a large amount of farmland is destroyed, may face criminal liability.
[Legal basis].
Article 32 of the Land Management Law of the People's Republic of China in provinces, autonomous regions and municipalities directly under the Central Government shall strictly implement the land use plan and the annual land use plan, and take measures to ensure that the total amount of cultivated land within the administrative area is not reduced and the quality is not reduced. Article 342 of the Criminal Law: Whoever violates land management regulations by illegally occupying farmland, forest land, or other agricultural land, changing the use of the occupied land, and destroying a large amount of farmland, 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.
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Legal analysis: You should report to the local land office or land bureau in time, or you can report to the petition department at a higher level, and you should submit basic evidence when reporting, such as **, early skin witnesses, etc.
Legal basis: "Regulations on the Protection of Basic Farmland" Article 2 The basic farmland protection system of the State is as follows.
The term "basic farmland" as used in these Regulations refers to cultivated land that shall not be occupied in accordance with the demand for agricultural products of the population and social and economic development in a certain period of time and on the basis of the overall land use plan.
The term "basic Zhaoqi farmland protection zone" as used in these Regulations refers to the specific protection areas determined in accordance with the overall land use plan and in accordance with legal procedures for the purpose of carrying out special protection of basic farmland.
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