Is it a criminal offense to destroy mountains? 5

Is it illegal to build roads and dig mountains in rural areas?

Whether the road construction in Jingtang Village, Donghekou Town, Jin'an District involves digging mountains and filling in the land on the mountains is illegal, check the relevant legal information as follows.

26th approved revision of the overall land use plan, subject to the approval of the original approval authority; Without approval, the land use determined in the overall land use plan shall not be changed.

Article 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.

It is forbidden to occupy basic farmland for the development of forestry and fruit industry and to dig ponds for fish farming.

Article 42 Where land is damaged due to excavation, subsidence, occupation, etc., land-using units and individuals shall be responsible for reclamation in accordance with the relevant provisions of the State; If there are no conditions for reclamation or the reclamation does not meet the requirements, a land reclamation fee shall be paid and used exclusively for land reclamation. Priority should be given to the use of reclaimed land for agriculture.

With these stipulations, if the mountains and land have been dug up now, whether or not the cultivated land conditions should be restored, the higher-level leaders can supervise and urge them to restore the cultivated land and mountains as soon as possible.

In accordance with the spirit of China's Criminal Law and Public Security Administration Punishment Law, it is generally necessary to look at the subjective wishes, circumstances, and consequences of the infringer.

From the analysis of subjective wishes, if the aggressor only wants to hit the person out of anger and does not beat the person to a minor injury, then not only will it not violate the criminal law, but even the public security administration punishment law may not be sufficient.

From the analysis of the circumstances, if the person has been beaten to a slight injury, or even a serious injury, then there is no problem in violating the Public Security Administration Punishment Law, whether it constitutes the crime of seeking compassion and causing trouble, there is other evidence to prove, such as the proof of the injured medical institution, the consequences caused by intimidating the party (such as the person has mental problems, or the party has obvious mental state problems, etc.), and even leads to serious consequences such as suicide of the party. where serious consequences are caused, it shall be found that the Criminal Law has been violated.

From the analysis of consequences, if the consequences are serious, such as serious injury, death, suicide, or mental disorder, then the aggressor must have violated the criminal law. Parties or their guardians may report the case to the public security organs, and cases of minor injuries may also be directly filed with the court. As for cutting the wires and breaking the water pipe switch, but there is no evidence, there is no need to say any more, because the law is heavy on evidence.

If you break the law, you have to consult the relevant departments for details.

Article 18 of the Forest Law shall not occupy or occupy less forest land for exploration, mining of mineral deposits and various construction projects; If forest land must be occupied or requisitioned, after being reviewed and approved by the competent forestry department of the people's government at or above the county level, the approval procedures for construction land shall be handled in accordance with the relevant laws and administrative regulations on land management, and the land-using unit shall pay the forest vegetation restoration fee in accordance with the relevant provisions of the People's Republic of China. The forest vegetation restoration fee shall be earmarked, and the competent forestry department shall make unified arrangements for afforestation and restore forest vegetation in accordance with relevant regulations, and the afforestation area shall not be less than the area of forest vegetation reduced due to the occupation or requisition of forest land. The competent authorities of forestry at higher levels shall regularly supervise and inspect the situation of the competent authorities of forestry at lower levels in organizing afforestation and restoring forest vegetation.

Whoever, in accordance with Article 44 of this Law, violates the provisions of this Law by carrying out reclamation, quarrying, sand mining, soil mining, seed mining, grease mining and other activities, resulting in the destruction of forests and trees, compensation shall be made in accordance with law; The competent forestry department shall order the illegal act to be stopped, replant trees with a number of trees between one and three times the number of destroyed trees, and may impose a fine of not less than one time but not more than five times the value of the destroyed trees. or in accordance with Article 43 of the implementing regulations of this Law, without the approval of the competent forestry department of the people's government at or above the county level, the use of forest land shall be changed without authorization, and the competent department of forestry of the people's government at or above the county level shall order the restoration of the original state within a time limit, and shall be punished with each square meter of forest land that has been illegally changed.

A fine of 10 yuan to 30 yuan per square meter.

Where forest land is temporarily occupied and is not returned within the time limit, punishment shall be imposed in accordance with the provisions of the preceding paragraph.

Hope it helps.

Is it illegal to develop more than 100 acres of collective mountain land without the consent of the villagers?