-
It's all illegal, but it's worse to occupy arable land, and China is a country that lacks arable land.
-
Asked what documents you need to get to the ** first to build a reservoir and occupy land and forests.
4 total replies.
The following conditions must be met to constitute the crime of illegally approving the expropriation or occupation of land: 1. The subject of this crime is the staff of state organs, that is, the staff of land management organs and urban planning departments at all levels. 2. The crime is intentional in the subjective aspect and has a motive of favoritism.
3. This crime is objectively manifested in the conduct of a functionary of a state organ who commits favoritism and irregularities, violates land management regulations and relevant administrative regulations, abuses his power, and approves an application that does not meet the requirements for requisitioning and occupying land or cultivated land. 4. This crime is constituted only if the circumstances are serious, that is, there are circumstances such as illegally approving expropriation, occupying land a large number of times, and causing the state to suffer heavy losses. The provisions of the Criminal Law on the crime of illegally approving the expropriation and occupation of land stipulate:
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, a sentence of between three and seven years imprisonment is to be given. Case filing criteria: The case filing criteria stipulate that a case shall be filed if one of the following circumstances is suspected:
1. Illegally approving the expropriation or occupation of more than 10 hectares of basic farmland, or more than 2 hectares (30 acres) of other cultivated land, or more than 50 hectares of other land; 2. Illegally approve the expropriation and occupation of land within 12 months to meet the above standards; 3. Although the amount of land illegally approved for expropriation or occupation does not meet the above standards, it is close to the above standards and causes serious damage to the land or vegetation that has been illegally approved for expropriation or occupation, or causes direct economic losses of more than 200,000 yuan to relevant units or individuals; 4. Illegally approving the expropriation or occupation of land, affecting the production and livelihood of the masses, causing disputes, and causing bad impacts or other serious consequences.
-
Legal Analysis: Not included. Cultivated land, i.e., land used for cultivation, refers to land used for growing crops, excluding forest land.
Legal basis lead milling:
Land Management Law of the People's Republic of China Article 2 The People's Republic of China implements socialist public ownership of land, that is, ownership by the whole people and collective ownership by the working masses.
Ownership by the whole people, i.e., the ownership of the state-owned land Shichun 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.
The State may, for the sake of the public interest, expropriate or expropriate land in accordance with the law and provide 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.
-
Legal analysis: cultivated land refers to the land where crops are grown, including cooked land, newly developed, reclaimed and sorted land, and fallow land (including rotational land and crop rotation land); land where crops (including vegetables) are mainly grown, with scattered fruit trees, mulberry trees or other trees; On average, one season of reclaimed tidal land and tidal flats can be harvested every year. Cultivated land includes ditches, canals, roads and ridges (ridges) with a fixed width of meters in the south and meters in the north; Cultivated land for temporary planting of medicinal herbs, turf, flowers, seedlings, etc., and other cultivated land that has been temporarily repurposed.
The cultivated land is divided into three secondary land categories: Song file and irrigated paddy field, irrigated land, and dry land. According to the provisions of the Land Management Law, agricultural land refers to land directly used for agricultural production, including cultivated land, forest land, grassland, agricultural water field land, aquaculture water surface, etc. Forest land and cultivated land exist side by side in the law, so forest land does not belong to the scope of cultivated land.
Economic forests have forest tenure certificates, which of course belong to forest land, not cultivated land.
Legal basis: Rural Land Contract Law of the People's Republic of China
Article 11: Rural land contracting and management shall comply with laws and regulations to protect the rational development and sustainable use of land resources. Without approval in accordance with law, the contracted land shall not be used for non-agricultural construction.
The State encourages the increase of input to land, the cultivation of soil fertility, and the enhancement of agricultural production capacity.
Article 12: The competent departments of agriculture and rural affairs, forestry and grasslands shall be responsible for the guidance of the national rural land contract management and the management of the contract management in accordance with their respective duties.
The competent departments of agriculture and rural affairs, forestry and grasslands of local people's ** at or above the county level shall, in accordance with their respective duties, be responsible for the management of rural land contracts and contracts within their respective administrative areas.
Township (town) people are responsible for the management of rural land contracts and contract management within their respective administrative areas.
The current situation of cultivated land in China is that there is more than one and three less, and one more refers to the total amount of cultivated land. >>>More
Find ** to compensate.
Article 47 of the Land Management Law of the People's Republic of China Where land is expropriated, compensation shall be given in accordance with the original use of the expropriated land. >>>More
According to the Accounting Standards for Business Enterprises and its application guide, "Administrative Expenses - Taxes" are debited and "Taxes Payable - Cultivated Land Occupation Tax Payable" are credited.
1. What are the main contents of cultivated land protection? >>>More
Legal analysis: Basic farmland refers to the needs of national economic and social development and planned population growth, demarcated according to law, special protection, and long-term stable farmland. Arable land refers to land where grain, rapeseed, vegetables, fodder, and other crops are grown. >>>More