Basic information on the measures for the investigation and handling of land violation cases

The latest measures for the investigation and handling of land violation cases stipulate that the following circumstantial circumstances shall be investigated and dealt with: 1. Illegally occupying land without approval or fraudulent approval; 2. Villagers illegally occupy land to build houses without approval or fraudulent approval; 3. Occupying more land than the approved amount; 4. Recovering illegally approved or used land in accordance with the law, and the relevant parties refuse to return it; 5. Recovering the right to use state-owned land in accordance with law, and the party refuses to hand it over.

Article 410 of the Criminal Law of the People's Republic of China: Where a member of the labor movement and royal leasing of a state organ engages in favoritism, violates land management regulations, abuses his power, illegally approves the expropriation, requisition, 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.

The Measures for the Investigation and Handling of Cases of Land Violations have now expired. The Land Administration Law is currently in force. Cases of land violations can be handled by the people first.

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. Bright shots.

Article 14 of the Land Administration Law.

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.

If the parties are not satisfied with the disposition decision of the 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 ownership.

In accordance with the provisions of laws and regulations such as the Land Management Law of the People's Republic of China and the Urban Real Estate Management Law of the People's Republic of China, and in combination with the actual situation of land and resources management departments at all levels in handling cases of land violations, the Ministry of Land and Resources has formulated the "Standards for Investigating and Dealing with Cases of Land Violations", which clarifies that 4 categories and 45 kinds of behaviors are illegal, and any one of them will be given administrative punishment or administrative punishment in accordance with the law, and the case will be filed in a timely manner.

The criteria for filing cases for four major categories of land violations include illegal transfer of land, illegal occupation of land, destruction of cultivated land, illegal land grants and other types of land violations. Among them, there are 6 kinds of illegal acts of illegal transfer of land, including, without approval, illegal transfer, lease or mortgage of state-owned land use rights obtained by way of allocation; Illegally transferring the use right of state-owned land obtained by way of transfer without meeting the conditions prescribed by law; illegally assigning, transferring, or leasing the use rights of land owned by peasant collectives for non-mountainous agricultural construction; Failure to meet the conditions prescribed by law, unauthorized transfer of real estate development projects, etc. Illegal occupation of land includes rural villagers illegally occupying land to build houses without approval or by fraudulent means; occupying more land than the approved amount; not using the land in accordance with the approved use; 11 illegal acts of illegal occupation of land, such as buildings and structures that do not conform to the purposes determined in the overall land use plan, reconstruction, and expansion, that have been built before the formulation of the overall land use plan, shall be promptly filed.

Illegal acts of destroying cultivated land include occupying cultivated land to build kilns and graves, and destroying planting conditions; Without approval, building houses, digging sand, quarrying, mining, taking soil, and other damage to planting conditions on cultivated land; refusal to perform land reclamation obligations, and failure to make corrections within the time limit after being ordered to make corrections; There are 6 items of land desertification and salinization caused by land development. Illegal land grant violations include: not having the target of the agricultural land conversion plan or exceeding the plan index of agricultural land conversion, and approving the conversion of agricultural land without authorization; Circumventing the statutory examination and approval authority and splitting the land for a single construction project for approval; Failure to approve land use in accordance with the use determined in the overall land use plan; Before approving or approving a construction project, without pre-examination or failure to pass the pre-examination, the conversion of agricultural land, land acquisition or land supply procedures are approved without authorization; The right to use state-owned land shall be transferred by way of bidding, auction or listing, and the transfer shall be made by agreement; In the process of bidding, auctioning, or listing the transfer of state-owned land use rights, fraud; If it is lower than the minimum price determined in accordance with the provisions of the state, the state-owned land use right shall be transferred by agreement; For land suspected of illegal use or disputed land, 17 items such as land that have been received, or are under investigation, or have been requested by higher-level authorities to investigate and deal with them, are still handled, registered or issued with land certificates.

The standard for investigating and dealing with land violations is that, according to the "Land Management Law of the People's Republic of China", if there is one of the following types of illegal acts of illegal manipulation, and administrative punishment or administrative sanctions shall be given in accordance with the law, the case shall be filed in a timely manner: (1) Without approval, illegally transferring, leasing or mortgaging the state-owned land use rights obtained by way of allocation; (B) does not meet the conditions prescribed by law, illegal transfer of the right to use State-owned land obtained by way of transfer; (3) Illegally assigning, transferring or leasing the use rights of land owned by peasant collectives for non-agricultural construction; (4) Transferring a real estate development project without authorization in accordance with the conditions prescribed by law; (5) Illegally transferring land use rights by transferring houses, or using land to jointly build houses with others, distributing goods and profits, or using land to contribute shares or jointly carry out business activities with others, or by replacing land; (6) Buying, selling, or otherwise illegally transferring land.

Legal basis: Civil Procedure Law of the People's Republic of China

Article 6: The people's courts exercise the power to adjudicate civil cases.

The people's courts are to independently adjudicate civil cases in accordance with the provisions of law, and are not to be interfered with by administrative organs, social groups, or individuals.

Article 119:Prosecution must meet the following requirements:

1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case;

2) There is a clear defendant;

3) There are specific litigation claims, facts, and reasons;

4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.

Article 123: People's courts shall ensure that parties enjoy the right to sue in accordance with legal provisions. Prosecutions that comply with article 119 of this Law must be accepted. Where the requirements for initiating litigation are met, the case shall be filed within 7 days, and the parties shall be notified; Where the requirements for the sale of a lawsuit are not met, a written ruling shall be made within 7 days and will not be accepted; Where the plaintiff is not satisfied with the ruling, he may file an appeal.