How to report illegal land use, and how to report illegal land use

If you find illegal land, you can complain and report to the local land management department.

Land Management Law of the People's Republic of China

66th people's land administrative departments at or above the county level shall supervise and inspect violations of land management laws and regulations.

Land management supervision and inspection personnel shall be familiar with land management laws and regulations, loyal to their duties, impartial law enforcement.

67th people's land administrative departments at or above the county level when performing their duties of supervision and inspection, have the right to take the following measures:

1) Require the inspected unit or individual to provide documents and materials related to land rights for inspection or reproduction.

2) Require the unit or individual being inspected to give an explanation on issues related to land rights.

3) Entering the site of the land illegally occupied by the inspected unit or individual to conduct surveys.

4) Order units or individuals who illegally occupy land to stop violating land management laws and regulations.

68th land management supervision and inspection personnel performing their duties, need to enter the site for surveys, require relevant units or individuals to provide documents, information and explanations, shall present land management supervision and inspection certificates.

69th relevant units and individuals at or above the county level ** land administrative departments on the supervision and inspection of land violations shall support and cooperate, and provide work facilitation, shall not refuse and hinder the land management supervision and inspection personnel to perform their duties in accordance with the law.

70th people's land administrative departments at or above the county level in the supervision and inspection work found State staff violations, shall be given administrative sanctions in accordance with law, shall be dealt with in accordance with law; If they do not have the right to deal with it, they shall submit an administrative sanction proposal to the administrative supervision organ of the same level or the people's ** at the same level, and the relevant administrative supervision organ shall deal with it in accordance with law.

71st people's land administrative departments at or above the county level in the supervision and inspection work found that land violations constitute a crime, shall be transferred to the relevant organs, criminal responsibility in accordance with law; where a crime is not constituted, an administrative punishment shall be given in accordance with law.

72nd in accordance with the provisions of this law shall be given administrative penalties, and the relevant land administrative departments do not give administrative penalties, the higher people's ** land administrative departments have the right to order the relevant land administrative departments to make administrative punishment decisions or directly give administrative penalties, and give administrative sanctions to the responsible persons of the relevant land administrative departments.

**Illegal expropriation of farmers' land should be reflected to the higher levels**, and it should be reflected up to the Ministry of Land and Resources.

According to the provisions of the "Emergency Notice of the General Office of the Ministry of Land and Resources on Strict Management and Prevention of Land Acquisition in Violation of Laws and Regulations", if the illegal land acquisition, violent land acquisition and other acts that infringe on the interests of farmers, causing mass or malignant incidents, the relevant responsible personnel shall be seriously investigated and held accountable in accordance with the relevant regulations.

If it is found that there is illegal land acquisition at the grassroots level, you can report it to the people at the next higher level, and if the problem is serious and constitutes a crime, you can report it directly to the local public security organ or the people's procuratorate.

Expropriation of land announcement measures 13th municipal and county people's ** land administrative departments shall accept the expropriation of land announcement content and land requisition compensation, resettlement programme announcement content of the inquiry or implementation of the problem of reporting, accept social supervision.

Illegal land acquisition is serious and harmful, as follows:

1. Illegal land acquisition is easy to cause dissatisfaction among the masses, leading to social instability and hindering the development of a harmonious society;

2. Seriously hinder the sustainable development of the local economy and is not conducive to the construction of a well-off society in an all-round way;

3. Illegal land acquisition can easily lead to land waste;

4. Illegal land acquisition is easy to reduce the credibility of the people, and it is easy to produce the phenomenon that the people do not believe in the land;

5. Illegal land expropriation is driven by interests, and it will also make land users unable to obtain compensation as prescribed by law, thereby reducing their living standards.

If it is illegal construction and illegal land occupation, you can report it to the land department, and if it is a dispute over land use rights, you can go to the court to sue.

Land violations refer to the violations of land management laws and regulations by units and individuals, that is, the failure to perform the obligations stipulated in the land management law or the abuse of rights and powers, and shall be investigated for legal responsibility.

According to the relevant provisions of the new Land Management Law, there are 10 main types of violations of land management laws and regulations

Illegal acts of buying, selling or otherwise illegally transferring land;

illegal acts of destroying cultivated land;

illegal occupation of land;

Illegal acts of refusing to perform land reclamation obligations;

illegal approval of land use;

illegal occupation and misappropriation of land requisition compensation fees;

the offence of refusing to surrender the land; [1]

Land supervision department, call the local 114 to inquire.

The ways to report illegal land acquisition are:

1. You can report to the local land management department;

2. Online reporting: the report mailbox of the Ministry of Land and Resources;

3. Seek help;

4. Complain to the location of the land acquisition department or the next higher level, but in practice, it is useless to report this kind of matter, and the department will not deal with it;

5. File a lawsuit with the court.

The penalty standards for illegal land use are as follows:

1, without approval or fraudulent means to obtain approval, illegal occupation of land, by the people's land administrative departments at or above the county level ordered to return the illegally occupied land, in violation of the overall land use plan to change agricultural land to construction land, demolition of newly built buildings and other facilities on the illegally occupied land within a time limit, restore the original state of the land;

2. For those that conform to the overall land use plan, the newly built buildings and other facilities on the illegally occupied land shall be confiscated, and a fine may be imposed concurrently;

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;

4. If a crime is constituted, criminal responsibility shall be 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.

Legal basisArticle 21 of the Land Management Law of the People's Republic of China.

The scale of urban construction land shall meet the standards prescribed by the state, make full use of the existing construction land, and do not occupy or occupy as little agricultural land as possible.

The overall urban plan, village and market town planning shall be connected with the overall land use plan, and the scale of construction land in the overall urban plan, village and market town planning shall not exceed the scale of the construction land of the city, village and market town determined in the overall land use plan.

In urban planning areas, villages and market town planning areas, the land for construction of cities, villages and market towns shall conform to urban planning, village and market town planning.

Legal basis: "Land Management Law of the People's Republic of China" Article 79 Units or individuals who do not have the right to approve the expropriation or use of land illegally approve the occupation of land, exceed the approval authority to illegally approve the occupation of land, do not approve the use of land in accordance with the overall land use plan, or approve the occupation or expropriation of land in violation of the procedures prescribed by law, the approval documents shall be invalid, and the person in charge and other persons directly responsible for the illegal approval of the expropriation and use of land shall be punished in accordance with 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.

Land is illegally occupied, can be reported to the people's ** land administrative departments at or above the county level, because it is a violation of land management laws and regulations. When the land is occupied, it is necessary to be able to collect evidence that the other party occupies its own land, and only after occupying its own land, you can further maintain the right to the cave through legal proceedings.

It is also possible to make a complaint through **.

In addition, any unit or individual who believes that the local government and its departments have violated laws and regulations in land use and land management has the right to report to the State Land Chief Inspectorate and the State Land Supervision Agency stationed in the locality. The State Land Inspectorate will be based on the needs of the State Land Inspectorate, combined with the review of agricultural land conversion and land expropriation, as well as the report clues on land use and land management violations, and consult with the relevant administrative departments to determine the plan of the State Land Inspectorate, the key air grinders, etc., and regularly announce to the public. If clues are found in major illegal cases, the State Land Inspectorate may decide to carry out special inspections on specific matters of land use and land management.

Legal basis: Article 74 of the Land Management Law, in violation of the provisions of this law, occupy cultivated land to build kilns, build graves or build houses on cultivated land without authorization, dig sand, quarry, mining, take soil, etc., destroy planting conditions, or due to the development of land caused by land desertification, salinized potatoes, by the people's land administrative departments at or above the county level shall be ordered to correct or govern, may be fined; where a crime is constituted, criminal responsibility is pursued in accordance with law.

Paragraph 3 of Article 2 of the Land Management Law: "No unit or individual shall occupy, buy or sell or otherwise illegally transfer land." Land use rights may be transferred in accordance with law. “