Illegal sale of land, how to deal with illegal sale of land

Hello. The Land Management Law stipulates that if the land is sold or otherwise illegally transferred, the land administrative departments of the people's governments at or above the county level shall confiscate the 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.

Although the current Criminal Law includes the crime of "illegal occupation of agricultural land", the land traded by the two parties is only about 1 mu, which does not meet the criteria for filing a case for this crime.

Therefore, I believe that in this case, the seller's illegal gains can be confiscated, and the buildings and facilities on the land can be demolished within a time limit to restore the land to its original state. Fines may be imposed in combination; If any village cadre is involved in the transaction, the relevant responsible person may be given an administrative sanction in accordance with the law.

Judicial Interpretation of the Supreme People's Court:

Article 1: In any of the following circumstances, illegal transfer or resale of land use rights for the purpose of making profits in violation of land management laws and regulations is an illegal transfer or resale of land use rights, and the circumstances of illegal transfer or resale of land use rights are "serious", and in accordance with the provisions of Criminal Law article 228, it is to be convicted and punished as the crime of illegally transferring or reselling land use rights

1) Illegally transferring or reselling more than 5 acres of basic farmland;

2) Illegally transferring or reselling 10 mu or more of cultivated land other than basic farmland;

3) Illegally transferring or reselling other land of 20 acres or more;

4) Illegal gains of 500,000 RMB or more;

5) Illegal transfer or resale of land that is close to the above-mentioned quantitative standards and has other heinous circumstances, such as having received administrative punishment or causing serious consequences for illegally transferring or reselling land use rights.

Article 2 In any of the following circumstances, the conduct provided for in Article 1 shall be regarded as an illegal transfer or resale of land use rights, and the circumstances are particularly serious:

1) Illegally transferring or reselling more than 10 acres of basic farmland;

2) Illegally transferring or reselling 20 acres or more of cultivated land other than basic farmland;

3) Illegally transferring or reselling other land of 40 acres or more;

4) Illegally gaining 1,000,000 RMB or more;

5) Illegal transfer or resale of land that is close to the above-mentioned quantitative standards and has other heinous circumstances, such as causing serious consequences.

In the Regulations on the Protection of Basic Farmland promulgated in 1994, basic farmland is defined as "cultivated land that shall not be occupied according to the overall land use plan and the planning period of the basic farmland protection zone according to the demand for agricultural products for population and social and economic development in a certain period of time and the construction land." "Therefore, basic farmland is a part of cultivated land, and it is a part of cultivated land with high yield and high quality, but not all cultivated land is basic farmland.

In the vernacular, he is arable land, but above it.

Moreover, Article 36 of the Land Law clearly stipulates:

Non-agricultural construction must use land sparingly, and where wasteland can be used, cultivated land must 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. ”

Therefore, it is forbidden for any unit or individual to build kilns, houses, graves, sand digging, quarrying, mining, soil extraction, and stacking solid waste in the basic farmland protection zone. It is illegal to use basic farmland as long as it is not used for cultivation.

If you violate the law, you can go to the township land management office or go to the land bureau to report.

It is illegal to transfer land without permission, and they can be reported.

1. How to deal with illegal land sales.

1. Illegal buying and selling of land shall be dealt with according to the circumstances. They are:

1) where the circumstances are serious, a sentence of up to three years imprisonment or short-term detention is to be given, and/or a fine of between 5% and 20% of the value of the illegal transfer or resale of land use rights shall be given;

2) where the circumstances are especially serious, the sentence is to be between three and seven years imprisonment and a fine of not less than 5 percent but not more than 20 percent of the value of the illegal transfer or resale of land use rights.

2. Legal basis: Article 228 of the Criminal Law of the People's Republic of China.

Crime of Illegally Transferring or Reselling Land Use Rights] Illegally transferring or reselling land use rights for the purpose of making profits, violating land management laws and regulations, 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 between 5% and 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.

2. What are the constitutive elements of the crime of illegal resale of land?

1. Subject matter requirements. The object of the crime of illegal land resale is the land management system of the State. 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 national land management system;

2. Objective elements. The crime of illegal resale of land is objectively manifested as a violation of land management laws and regulations and the illegal transfer of land use rights, and if the circumstances are serious, it must be an act in violation of land management laws and regulations;

3. Main requirements. The subject of the crime of illegal land resale is a general subject. Any natural person who has reached the age of criminal responsibility and has the capacity for criminal responsibility can become the subject of the crime of illegal resale of land, and the unit can also constitute the crime of illegal resale of land.

Where a unit commits the crime of illegally reselling land, the unit shall be fined, and the person in charge and other persons directly responsible shall be investigated for criminal responsibility in accordance with this article;

4. Subjective elements. The crime of illegal resale of land is manifested in the subjective aspect as intentional and with the purpose of making profits, and does not constitute the crime of illegal reselling of land. Since the land use right is purchased from the state, the transfer of land use right must be transferred to the transferee through relevant legal channels, and cannot be illegally transferred.

In the case of illegal transfers, the penalty is generally up to 3 years' imprisonment and a fine of 5% of the transaction amount, and in serious cases, 37 years' imprisonment.

Article 71 of the Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for Prosecution of Economic Crime Cases (Article 228 of the Criminal Law) Cases of illegal transfer or resale of land use rights for the purpose of making profits, in violation of land management laws and regulations, shall be prosecuted: 1. Illegal transfer or false resale of more than 5 mu of basic farmland; 2. Illegally transferring or reselling more than 10 acres of cultivated land other than basic farmland; 3. Illegally transferring or reselling more than 20 acres of other land; 4. The amount of unlawful gains is 500,000 yuan or more; 5. Although the above-mentioned amount standards have not been reached, they have received administrative punishment for two or more times due to the non-unbridled law of transferring and reselling the land use right, and then illegally transfer or resell the land; 6. Causing a bad impact.

The criminal situation of illegal land sale refers to the act of the perpetrator not only buying and selling land ownership, but also buying and selling land use rights, that is, the land use right holder fails to fully transfer the land rights to the transferee in accordance with the conditions and procedures prescribed by law, and the transferee pays the price to him. illegally transferring or reselling 5 acres or more of basic farmland; Illegal transfer or resale of other land of more than 20 acres constitutes the crime.

If the parties have illegal sales of rural land, the competent department of natural resources of the people's ** at or above the county level shall confiscate the illegal gains; Where 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 transferred land shall be demolished within a time limit.

Article 74 of the Land Management Law of the People's Republic of China Anyone who buys or sells or illegally transfers land in other forms shall be confiscated by the competent department of natural resources of the people's ** at or above the county level; 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 persons shall be punished in accordance with law; where a crime is constituted, criminal responsibility is pursued in accordance with law.

Any form of ownership of land by an individual is considered an illegal sale of land. The sale and purchase of land can only be legal if it is sold by the State as a seller and after normal procedures. Article 4 of the Land Administration Law stipulates that the State shall implement a land use control system.

The State prepares an overall land use plan, stipulates land use, and divides land into agricultural land, construction land and unused land. Strictly restrict the conversion of agricultural land into construction land, control the total amount of land used for construction, and implement special protection for cultivated land. The term "agricultural land" as used in the preceding paragraph refers to land directly used for agricultural production, including cultivated land, forest land, grassland, farmland water use land, aquaculture water surface, etc.; Construction land refers to the land for the construction of buildings and structures, including urban and rural residential and public facilities, industrial and mining land, transportation and water conservancy facilities, tourism land, military facilities, etc.; Unused land refers to land other than agricultural land and construction land.

Units and individuals using land must use land in strict accordance with the purposes determined in the overall land use plan.

Article 74 of the Land Management Law of the People's Republic of China Anyone who buys or sells or illegally transfers land in other forms shall be confiscated by the competent department of natural resources of the people's ** at or above the county level; 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 are to be given sanctions in accordance with law; where a crime is constituted, criminal responsibility is pursued in accordance with law.

Legal analysis: 1 fine, 2 penalties, 3 criminal responsibility.

Legal basis: "Land Management Law of the People's Republic of China" Article 74 Where land is sold or illegally transferred in other forms, the people's resources department at or above the county level shall confiscate the illegal gains in violation of the overall land use plan of the town ridge and change the agricultural key land into construction land without authorization, and demolish the newly built buildings and other facilities on the illegally transferred land within a time limit, and restore the land to its original state. Where the newly constructed buildings and other facilities built on illegally transferred land are confiscated and fines are imposed on the person in charge and other persons directly responsible, and the punishment is made into a crime in accordance with law, criminal responsibility shall be pursued in accordance with law.