Illegal occupation of cultivated land, and how to deal with illegal occupation of cultivated land

Illegally occupy land without approval or by fraudulent means to obtain approval, the people's land management department at or above the county level shall order the return of the illegally occupied land, and if the agricultural land is changed to construction land without authorization in violation of the overall land use plan of the wheel shed, the newly built buildings and other facilities on the illegally occupied land shall be demolished within a time limit, and the land shall be restored to its original state, and the newly built buildings and other facilities on the illegally occupied land shall be confiscated and fined concurrently if it conforms to the overall land use plan. Whoever violates land management laws and regulations by illegally occupying farmland, forest land, or other agricultural land, or changing the use of the occupied land, in relatively large quantities, 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. Whoever violates land management laws and regulations by illegally occupying cultivated land for other purposes, and the amount is relatively large, causing a large amount of destruction of cultivated land, shall be convicted and punished as the crime of illegal occupation of cultivated land

1. Illegal occupation of cultivated land "in relatively large quantities" refers to the illegal occupation of more than 5 acres of basic farmland or the illegal occupation of more than 10 acres of cultivated land other than basic farmland; 2. 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, and wax leakage to pile up solid wastes or carry out other non-agricultural construction, causing serious damage or serious pollution to the planting conditions of more than 5 mu of basic farmland or more than 10 mu of cultivated land outside of basic farmland.

Land Management Law of the People's Republic of China

Article 14. Disputes over land ownership and use rights shall be settled by the parties through negotiation;

If the negotiation fails, it will be handled by the people.

Disputes between units shall be handled by the people at or above the county level;

Disputes between individuals and between individuals and units shall be handled by the people at the township level or at or above the county level.

Where parties are dissatisfied with the disposition decision of the relevant people, they may file a lawsuit with the people's court within 30 days of receiving the notice of the disposition decision.

Before the dispute over land ownership and use rights is resolved, neither party shall change the status quo of land use.

Legal analysis: without approval or fraudulent means to obtain approval, illegal occupation of land, by the people's land management department at or above the county level to order the return of the illegally occupied land, in violation of the overall land use plan to change agricultural land to fierce burning construction land, within a time limit to demolish the illegally occupied land on the newly built buildings and other facilities, restore the original state of the land, in line with the overall land use plan, confiscate the newly built buildings and other facilities on the illegally occupied land, may be fined. Whoever violates land management laws and regulations by illegally occupying farmland, forest land, or other agricultural land, or changing the use of the occupied land, in relatively large quantities, 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 basis: 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, or 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 of hail or hail.

Illegally occupy land without approval or by fraudulent means to obtain approval, the people's land management department at or above the county level shall order the return of the illegally occupied land, and if the agricultural land is changed into 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. Whoever violates land management laws and 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, 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. Whoever violates land management laws and regulations by illegally occupying cultivated land for other purposes, and the amount is relatively large, causing a large amount of destruction of cultivated land, shall be convicted and punished as the crime of illegal occupation of cultivated land

1. The "relatively large amount" of illegally occupied cultivated land refers to Biqiao's illegal occupation of more than 5 mu of basic farmland or illegal occupation of more than 10 mu of cultivated land other than basic farmland; 2. 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 the planting conditions of more than 5 mu of basic farmland or more than 10 mu of cultivated land other than basic farmland.

Article 30 of the Land Management Law Article 7 Non-agricultural construction must use land sparingly, 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. It is forbidden to occupy permanent basic farmland for the development of forestry and fruit industry and to dig ponds for fish farming.

Article 75: Where the provisions of this Law are violated by occupying cultivated land to build kilns or graves, or building houses, digging sand, quarrying, mining, or taking soil on cultivated land without authorization, destroying planting conditions, or causing desertification or salinization of land due to land development, the competent departments for natural resources and agriculture and rural affairs of the people's governments at or above the county level shall, in accordance with their duties, order corrections or rectification within a set period of time, and may be fined concurrently; where a crime is constituted, criminal responsibility is pursued in accordance with law.

Legal Analysis:1It is strictly forbidden to occupy cultivated land in violation of regulations for afforestation.

It is forbidden to use permanent basic farmland to plant seedlings, turf and other plants used for greening and decoration and other plants that damage the cultivated layer. Those who occupy cultivated land and permanent basic farmland for afforestation in violation of regulations shall not be verified for afforestation and shall not enjoy the financial subsidy policy.

2.It is strictly forbidden to build green channels beyond the standard.

It is necessary to strictly control the examination and approval of the land use of the green belt outside the scope of land on both sides of the railway and highway, and the width of the green belt outside the scope of land on both sides shall not exceed 5 meters, of which the county and township roads shall not exceed 3 meters. It is not allowed to occupy cultivated land on both sides of the river canal and around the reservoir and the permanent basic farmland to build green channels beyond the standard. It is forbidden to occupy cultivated land in violation of laws and regulations in the name of urban and rural greening construction.

3.It is strictly forbidden to occupy cultivated land in violation of regulations and dig lakes for landscaping.

It is forbidden to occupy cultivated land and permanent basic farmland without authorization in the name of river, wetland, and lake management, and to dig up fields and lakes for landscaping. It is forbidden to occupy cultivated land in violation of regulations in urban construction to build artificial wetland parks and artificial water conservancy landscapes.

4.It is strictly forbidden to permanently occupy basic farmland and expand nature reserves.

Newly established nature reserves shall have clear boundaries and shall not be allowed to occupy permanent basic farmland. Permanent basic farmland and concentrated contiguous cultivated land other than nature reserves shall not be included in the ecological protection red line.

5.It is strictly forbidden to occupy cultivated land in violation of regulations to engage in non-agricultural construction.

It is forbidden to engage in non-agricultural construction in violation of the plan, indiscriminately occupy farmland to build houses, and so on. Consolidate the results of cleaning up and rectifying the problem of "big sheds", and strengthen the supervision of land for agricultural facilities. Strengthen the monitoring of cultivated land use, give timely warnings to the indiscriminate occupation of cultivated land for non-agricultural construction, and build a normalized supervision mechanism for early detection, early stopping, and strict investigation and punishment.

6.It is strictly forbidden to grant land in violation of laws and regulations.

All regions must not circumvent the approval of the occupation of permanent basic farmland by adjusting the land and spatial planning of counties and townships without authorization. All kinds of construction projects that are not approved or do not meet the requirements and temporary land that occupy cultivated land and permanent basic farmland shall be severely dealt with in accordance with laws and regulations, and ordered to restore the original planting conditions within a time limit.

Legal basis: Regulations on Returning Farmland to Forests Article 1 These Regulations are formulated in order to regulate the activities of returning farmland to forests, protect the legitimate rights and interests of those who have returned farmland to forests, consolidate the results of returning farmland to forests, optimize the rural industrial structure, and improve the ecological environment.

Anyone who illegally occupies cultivated land and causes illegal acts shall be sentenced to fixed-term imprisonment, short-term detention or a fine in accordance with the provisions of the Criminal Law of the People's Republic of China.

Legal basis: Article 342 of the Criminal Law of the People's Republic of China Whoever, in violation of land management regulations, illegally occupies cultivated land for other purposes, and the amount is relatively large, causing a large amount of damage to cultivated land, shall be sentenced to fixed-term imprisonment of not more than five years or short-term detention and/or a fine. Ask for leniency.

Article 3 of the Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of Destruction of Land Resources Article 3: Where land management regulations are violated by illegally occupying cultivated land for other purposes, and the amount is relatively large, resulting in a large amount of destruction of cultivated land, it shall be convicted and punished as the crime of illegal occupation of cultivated land in accordance with the provisions of Article 342 of the Criminal Law: (1) Illegal occupation of cultivated land "in relatively large quantities" refers to the illegal occupation of 5 mu or more of basic farmland or the illegal occupation of 10 mu or more of cultivated land other than basic farmland; (2) Illegal occupation of cultivated land by means of "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 the planting conditions of 5 mu or more of basic farmland or 10 mu or more of farmland other than the basic farmland of the judge.

Illegal. In the event of a dispute arising from land contracting, the parties may resolve it through negotiation, or may request mediation by the villagers' committee or the township (town) people. If the parties are unwilling to negotiate or mediate, or if the negotiation or mediation fails, they may apply to the rural land contract arbitration institution for arbitration, or they may directly file a lawsuit with the people's court.

Rural Land Contract Law of the People's Republic of China

If a dispute arises over land contracting and operation, the parties may resolve it through negotiation, or they may request mediation by the villagers' committee or the township (town) people. If the parties are unwilling to negotiate or mediate, or if the negotiation or mediation fails, they may apply to the rural land contract arbitration institution for arbitration, or Luqiao may directly file a lawsuit with the people's court.

Article 52: Where a party is dissatisfied with the arbitral award of the rural land contract arbitration institution, it may file a lawsuit with the people's court within 30 days of receiving the award. If the lawsuit is not filed within the time limit, the award shall be law-based.