Is it illegal for the collective land to be dug up and sold by the village leader without permission

Breaking the law not only violates the land management law, but may also be suspected of committing a crime.

Legal analysisDigging and selling soil without permission may constitute the crime of illegal occupation of agricultural land. The land belongs to the state and the collective, and cannot be acquired without permission, so the "soil" is not ownerless, according to the relevant documents, the land has been expropriated by the state, and the ownership of the collectively owned land expropriated by the state for construction belongs to the state. The land of the state is also "owned by others" in the crime of theft.

Therefore, secretly stealing "other people's property" violates the property ownership of others, and has the characteristics of the crime of theft. Illegal occupation of cultivated land "causing a large amount of destruction of cultivated land" refers to the perpetrator's illegal occupation of cultivated land to build kilns, graves, houses, sand digging, quarrying, mining, soil extraction, stacking solid waste, or other non-agricultural construction, causing serious damage or serious pollution to planting conditions of 5 mu or more of basic farmland or 10 mu or more of cultivated land outside of basic farmland. In the case of expropriation of cultivated land and vegetables, according to the ** policy stipulated by the state, it shall be calculated according to six times the average annual output value (the same below) of the land in the three years before the expropriation.

The requisition of land such as fish ponds, lotus root ponds, breeding farms, orchards, bamboo orchards, and forest land shall be calculated at five times the annual output value of the land. The expropriation of firewood, tidal land, reservoirs, reed ponds and other non-cultivated land with income shall be calculated at three times the annual output value of the land. The expropriation of homestead land shall be calculated according to the compensation standard of adjacent cultivated land.

If the house is requisitioned and rebuilt by the construction unit, the original homestead will not be compensated.

Legal basisLand Management Law of the People's Republic of China Article 36 The people at all levels shall take measures to guide the rotation and fallow of crops according to local conditions, improve the soil, improve soil fertility, maintain drainage and irrigation engineering facilities, and prevent land desertification, salinization, soil erosion and soil pollution

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, changing the use of the occupied land, 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. Article 342-1 Whoever violates the regulations on the management of nature reserves by carrying out reclamation or development activities or constructing buildings in national parks or national nature reserves, causing serious consequences or other heinous circumstances, shall be sentenced to fixed-term imprisonment of not more than five years or short-term detention and/or a fine. Where conduct in the preceding paragraph simultaneously constitutes another crime, follow the provisions for the heavier punishment at trial and sentencing.

Breaking the law not only violates the land management law, but may also be suspected of committing a crime.

Land Administration ActArticle 36 Land must be used sparingly for non-agricultural construction, and where wasteland can be used, cultivated land shall not be occupied; Where inferior land can be used, good land must not be occupied.

It is forbidden to occupy cultivated land to build kilns or graves, or to build houses, dig sand, quarry, mine, and take soil on cultivated land without authorization.

Article 342 of the Criminal Law[Crime of Illegal Occupation of Agricultural Land] 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 is relatively large, causing a large amount of destruction of farmland, forest land, or other agricultural land, is to be sentenced to up to five years imprisonment or short-term detention and/or a fine.

In this case, does the person who sells the land bear the responsibility, which local department manages this kind of thing, and if he complains to which department he complains?

Legal Analysis: The state prohibits the sale and purchase of land. Village cadres do not have the right to sell collective land, let alone sell land without permission, which is an illegal act. Where the sale of collective land by village cadres without permission constitutes a crime, criminal responsibility needs to be pursued, and where it does not constitute a crime, an administrative punishment shall be given in accordance with law.

Legal basis: Article 228 of the Criminal Law of the People's Republic of China [Crime of Illegally Transferring or Reselling Land Use Rights] Whoever, for the purpose of making profits, violates land management laws and regulations by illegally transferring or reselling land use rights, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention, and/or a fine of not less than 5% but not more than 20% of the value of the illegally transferred or resold land use rights; where the circumstances are especially serious, the sentence is to be between three and seven years imprisonment and a concurrent fine of between 5 and 20 percent of the value of the illegal transfer or resale of land use rights.

Summary. There are two ways to protect your benefits:

2. The Criminal Law stipulates the crime of illegal sale and purchase of land, that is, "for the purpose of making profits, violates land management laws and regulations by illegally transferring or reselling land use rights, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention, and/or a fine of not less than 5% but not more than 20% of the value of the illegally transferred or resold land use rights; where the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined not less than 5 percent but not more than 20 percent of the value of the illegal transfer or resale of land use rights." Therefore, if the circumstances are serious enough to constitute a crime, they may also report and report the case to the public security organs.

What should I do if the village cadres sell the collective land without permission?

Hello dear. No matter what type of land use right is obtained, it should be approved by all levels of ** in accordance with the management authority, and individuals and village committees have no right to buy and sell land without permission.

You can consider choosing the following two ways to protect your rights and interests: 1. Report to the land and resources departments at all levels, or call the land and resources illegal report** to report. 2. The Criminal Law stipulates the crime of illegal sale and purchase of land, that is, "for the purpose of making profits, violates land management laws and regulations by illegally transferring or reselling land use rights, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention, and/or a fine of not less than 5% but not more than 20% of the value of the illegally transferred or resold land use rights; where the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined not less than 5 percent but not more than 20 percent of the value of the illegal transfer or resale of land use rights." Therefore, if the circumstances are serious enough to constitute a crime, they may also report and report the case to the public security organs.

It is recommended that you report directly to the public security department.

But try to do it on weekdays.

Legal basis: Article 8 of the Land Law of the People's Republic of China The land in urban areas belongs to 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.

Legal analysis: No organization or individual may occupy, buy or sell or illegally transfer land in other forms by those who provoke the situation. The right to use land may be transferred in accordance with the provisions of the law.

Land belongs to the state or collective, and the state strictly prohibits the transfer of land in any form, but the right to use land may be transferred in accordance with law. The illegal transfer and resale of land use rights is obviously a serious violation of the state land management system. The right to use state-owned land and collectively owned land may be transferred in accordance with law.

The transfer of land use rights and lead shall be carried out strictly in accordance with law.

Legal basis: Article 10 of the Constitution of the People's Republic of China The land of cities belongs to the State.

Land in rural areas and on the outskirts of cities is collectively owned, except as provided for by law and belonging to the State; Homesteads, self-cultivated land, and self-cultivated mountains are also collectively owned.

The State may, in accordance with the provisions of law, expropriate or expropriate land and provide compensation for the needs of the public interest.

No organization or individual may occupy, buy, sell, or otherwise illegally transfer land. The right to use land may be transferred in accordance with the provisions of the law.

All organizations and individuals using land must make rational use of land.

Summary. Article 63 of the Land Management Law stipulates that the right to use land owned by peasant collectives shall not be assigned, transferred or leased for non-agricultural construction; However, enterprises that conform to the overall land use plan and have obtained construction land in accordance with the law, except for the transfer of land use rights due to bankruptcy, merger and other circumstances.

Article 73 of the Land Management Law stipulates: Buying and selling or other forms of illegal transfer of land, by the people's land administrative departments at or above the county level confiscate illegal gains; For those who change agricultural land into construction land without authorization in violation of the overall land use plan, the newly built buildings and other facilities on the illegally transferred 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 transferred land shall be confiscated if they conform to the overall land use plan; Fines may be imposed in combination; The directly responsible managers 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.

Is it illegal to dig up and sell the collective land in my village?

Hello, I'm a consulting lawyer, and I'm happy to serve you

Hello, I am the cooperative lawyer of the consultation, if there are any legal problems that can be answered by the defeated brother here I have received your question, and there are many people who are currently consulting, please wait for a while, I am helping you solve it.

Tort. Article 63 of the Land Management Law stipulates that the right to use land owned by peasant collectives shall not be assigned, transferred or leased for non-agricultural construction; However, enterprises that conform to the overall land use plan and have obtained construction land in accordance with the law, except for the transfer of land use rights due to bankruptcy, merger and other circumstances.

Article 73 of the Land Management Law stipulates: Buying and selling or other forms of illegal transfer of land, by the county level or above the people of the people** land administrative departments confiscate illegal gains; For those who change agricultural land into construction land without authorization in violation of the overall land use plan, the newly built buildings and other facilities on the illegally transferred 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 transferred land shall be confiscated if they conform to the overall land use plan; Fines may be imposed in combination; The directly responsible managers and other directly responsible personnel shall be given administrative sanctions in accordance with law; If a crime is constituted, criminal responsibility shall be pursued in accordance with the law.

I asked if it was legal for someone else to plant orange trees in my land for more than ten years, and now he dug it up and sold it.

Do you agree with him planting.

I don't know the case he planted.

For infringement, you should pay a certain fee.

Now that the land is circulating, he can sell the things in the field and then he will take them and sell them, and he will not tell me when he sells them.

Compensation can be claimed.

After planting it for a few years, he said that he planted it, and now he has sold it.

The land is yours.

Yes, the land is mine.

So you can ask him to compensate you.

Oh, he's saying now that he planted it and didn't give me the money.

You can sue him for compensation.