Is it illegal for villagers to sell their land to others to build graves? Where should I report it?

Netizen: Is it illegal for villagers to sell their land to others to build graves without permission? Should I report it to?

1. It is illegal for villagers to sell their land to others without permission

According to the relevant provisions of Article 9 of the Land Administration Law, "land in rural areas and suburban areas shall be owned by peasant collectives, except for land that belongs to the State as prescribed by law." "Paragraph 3 of Article 2 of the Land Administration Law provides:

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. ”In other words, rural land belongs to the peasant collective, not to the villagers, so the villagers cannot buy and sell land without permission, and it is illegal to buy and sell land without permission.

2. What are the requirements for the land on which the graves are built?

According to the relevant provisions of the Regulations on the Administration of Funerals and Burials, the establishment of funeral facilities such as public welfare cemeteries for rural villagers must be approved.

The first paragraph of Article 9 of the Regulations on the Administration of Funerals and Funerals stipulates: "No unit or individual may build funeral facilities without approval. Article 15 of the Regulations on the Administration of Funerals stipulates:

In areas where burial is permitted, it is forbidden to bury human remains or build graves anywhere other than cemeteries and public cemeteries in rural areas. ”

In addition, laws and regulations such as the Land Management Law and the Regulations on the Administration of Funerals and Burials also impose restrictions on the location of graves.

The second paragraph of Article 37 of the Land Management Law stipulates: "It is forbidden to occupy cultivated land to build kilns and graves, or to build houses, dig sand, quarry, mine, and take soil on cultivated land without authorization." Article 10 of the Regulations on the Administration of Funerals stipulates that:

It is forbidden to build graves in areas such as cultivated land, forest land, urban parks, scenic spots and cultural relics protection areas, reservoirs and river dams, and water source protection areas, railways, and highways. ”

The Regulations on the Administration of Funerals and Burials also stipulate the area and service life of cemeteries.

Article 11 of the Regulations on the Administration of Funerals stipulates: "The area and service life of the tombs shall be prescribed by the people of the provinces, autonomous regions and municipalities directly under the Central Government in accordance with the principle of saving land and not occupying cultivated land." ”

To sum up, it is illegal for villagers to sell their land to others to build graves without permission. According to the provisions of Article 75 of the Land Management Law, if it is found that there is an act of occupying cultivated land to build kilns or graves, or building houses, digging sand, quarrying, mining, and taking soil on cultivated land without authorization, it may be reported to the competent department of natural resources and the competent department of agriculture and rural affairs of the people at or above the county level.

This is an illegal act, because rural land is owned by peasant collectives, and land cannot be bought and sold privately.

It should be illegal. Chinese residents only have the right to use the land, but not the ownership of the land, and cannot change hands at will. This should be reported to the relevant authorities and let them deal with it.

This is illegal, the state has a clear law, the sale of land can not be carried out privately, can be reported to the ** organ.

It's not illegal, there are buying and selling, what's illegal, your own land, you care about me.

It is against the regulations for the masses to sell their land resources to others to build tombs without authorization. According to the requirements of Article 75 of the Land Management Law, if it is found that cultivated land is occupied to build kilns, building graves or building houses on arable land without permission, digging sand, mining, mining, soil mining, etc., can be reported to the county-level listed people's ** ecological resources authority, agriculture and rural affairs authority. In accordance with the relevant provisions of Article 9 of the Land Management Law:

The land resources in rural and urban areas are owned by the peasant households and the whole people, except for those owned by the state by laws and regulations. Paragraph 3 of Article 2 of the Land Administration Law requires: "All individuals and units shall not embezzle, trade or otherwise illegally transfer land resources."

According to the relevant provisions of the "Regulations on the Administration of Funeral and Funeral Services", the establishment of funeral service equipment such as public welfare cemeteries for rural villagers must be approved. The first paragraph of Article 9 of the Regulations on the Administration of Funerals clearly stipulates that "all individuals and units shall not build funeral service equipment without approval.

Article 15 of the Regulations on the Administration of Funerals and Funerals requires: "In areas where burials can be made, it is strictly forbidden to bury corpses or build tombs anywhere other than cemeteries and public welfare cemeteries in the countryside." In addition, relevant laws and regulations such as the Land Management Law and the Regulations on the Administration of Funerals and Burials also impose binding requirements on the places where mausoleums are built.

The second paragraph of Article 37 of the Land Management Law clearly stipulates: "It is strictly forbidden to occupy cultivated land to build kilns or graves, or to build houses, dig sand, mine, mine, and mine soil on arable land without permission." "Article 10 of the Regulations on the Administration of Funerals and Funerals requires:

It is strictly forbidden to build burials on agricultural land, forest land, parks, roads, scenic spots, precious cultural relics nature reserves, large reservoirs and river embankments, water sources, railway lines, and on both sides of main roads. "The Regulations on the Administration of Funerals and Burials also set requirements for the total area and service life of cemeteries.

Article 11 of the Regulations on the Administration of Funerals and Burials requires: "The total area occupied by the tomb and the service life shall be determined by the people of provinces, autonomous prefectures, and municipal districts and municipalities in accordance with the standard requirements of saving land resources and not occupying agricultural land." "We often have some land resources, but sometimes our land resources may be contracted by relevant organizations.

But a lot of the time,If we are going to carry out the contract, we will verify our land resources. If some land resources are sold, and the main use that is not used is useless, can the farmer's contracted land be sold to others as a cemetery? The following is written by Hualu to introduce the relevant content for you in detail.

This is not illegal, he can be practical, and he can also have the right to freedom.

It is not illegal, because the land is the property of the peasants, and the peasants are free to enjoy this right. He can do whatever he likes.

It does constitute a violation of the law, because the land is given to the peasants by the state, and it is generally used for farming, and cannot be used to obtain other illegal gains.

It is generally illegal, because if a farmer wants to sell his land, he needs to obtain the consent of the local land management bureau, after all, the farmer's land is a contract system.

Legal Analysis: Breaking the Law. Whoever steals, insults, or intentionally destroys corpses, bones, or ashes is to be sentenced to up to three years imprisonment, short-term detention, or controlled release.

Legal basis: Article 302 of the Criminal Law of the People's Republic of China: Whoever steals, insults, or intentionally destroys corpses, bones, or ashes shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention, or controlled release.

Public Security Administration Punishment Law of the People's Republic of China》 Article 65: Those who commit any of the following acts are to be detained for between 5 and 10 days; where the circumstances are serious, they are to be detained for between 10 and 15 days, and may be concurrently fined up to 1,000 RMB: 1. Intentionally destroying or defacing the graves of others, or destroying or discarding the bones or ashes of others; 2. Parking corpses in public places, or dissuasion is not heeded because parking corpses affects the normal life and work order of others.

1. Is it illegal to build a cemetery on other people's land without permission?

1. It is illegal to build a cemetery on other people's land without permission. The illegal construction of a cemetery violates the regulations on the management of funerals and burials, the Land Management Law and other provisions, and is illegal, but it does not constitute a violation of the provisions of the Criminal Law of the People's Republic of China, and does not constitute a criminal act. It also depends on whether the private cemetery is a private cemetery or a private cemetery, whether it is on cultivated land or wasteland, and whether it is built in a planned place.

2. Legal basis: Article 8 of the Regulations on the Administration of Funerals.

For the construction of funeral parlors and crematoriums, the civil affairs departments of the people at the county level and the people's governments of districted cities, autonomous regions, and municipalities directly under the Central Government shall put forward a plan and submit it to the people at the same level for approval; The construction of funeral service stations and columbariums shall be examined and approved by the civil affairs departments of the people's ** at the county level and the people** of districted cities and autonomous prefectures; The construction of cemeteries shall be submitted to the people's civil affairs departments of provinces, autonomous regions and municipalities directly under the Central Government for examination and approval after being reviewed and approved by the civil affairs departments of the people's governments at the county level and the people's departments of districted cities and autonomous prefectures. The use of foreign capital to build funeral facilities shall be submitted to the civil affairs department for examination and approval after being reviewed and approved by the civil affairs department of the people's government of the province, autonomous region or municipality directly under the Central Government. Public welfare cemeteries are set up for villagers in rural areas, and after being reviewed and approved by the township-level people, they shall be submitted to the county-level people's civil affairs department for approval.

2. Is the cemetery legal in the contracted land?

Cemeteries are not legal on contracted land. The land contracted in the rural areas belongs to the village collectives, and the contract is given to the villagers, but the management rights are only contracted out, and the ownership of the land is not changed. The unauthorized construction of graves on the contracted land is itself a violation of the contract and is an act of illegally occupying land and changing the use of land without authorization.

Summary. Hello dear, I am happy to answer your <>

In accordance with the provisions of the Land Management Law, it is strictly forbidden to occupy cultivated land to build graves without authorization, and the land management department may impose penalties and order them to be responsible for restitution to their original state.

Is it illegal to build a cemetery on someone else's land without permission?

Hello to change the silver Zen, I am very happy to answer your <>

<>It is illegal to build a cemetery on someone else's land without permission

According to the provisions of the Land Management Law, it is strictly forbidden to occupy cultivated land to build graves without authorization, and the State Nuclear Dust Management Department may impose penalties and order them to be responsible for restitution to their original state.

Hello, the second paragraph of Article 37 of the Land Management Law stipulates that it is forbidden to occupy cultivated land to build kilns and graves, or to build houses, dig sand, quarry, mine, and take stupid and auspicious soil on cultivated land without authorization. Article 75 stipulates that whoever violates the provisions of this Law 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 land desertification or salinization due to land development, shall be ordered to make corrections or rectify within a time limit by the competent departments of natural resources and agriculture and rural affairs of the people's people at or above the county level in accordance with their duties, and may be fined concurrently; where a crime is constituted, criminal responsibility is pursued in accordance with law.

Occupation of wasteland means land without a land use certificate. Is it illegal?

Illicit. What department should I find to defend my rights?

Or Bureau of Land Management.

You can also file a lawsuit.

Summary. Hello This is illegal, without the consent of others and without the consent of the civil affairs organs, it is an illegal act, and it can be reported to the local civil affairs organs. By the people's land administrative departments at or above the county level ordered to rectify the illegal use of land, restore the original state of the land, may be fined, depending on the circumstances to give administrative sanctions or criminal responsibility.

Hello, this is illegal, without the consent of others and without the consent of the civil affairs organs, it is an illegal act, and it can be reported to the local civil affairs organs. By the people's land administrative departments at or above the county level ordered to rectify the illegal use of the land, restore the original state of the land Li Xindi, may be fined, depending on the circumstances to give administrative sanctions or criminal responsibility.

Legal basis: Article 7 of the Land Management Law Article 15 In violation of the provisions of this Law, occupying cultivated land to build kilns or graves, or building houses, digging sand, quarrying, mining, taking soil, etc. on cultivated land without authorization, destroying planting conditions, or causing desertification or salinization of land due to land development, the competent departments of natural resources and agriculture and rural affairs of the people at or above the county level shall order the people at or above the county level to make corrections within a time limit or to govern the people who are wide, and may be fined concurrently; where a crime is constituted, criminal responsibility is pursued in accordance with law.

His grave occupies 4 ridges of land that are confirmed by other people's families, and 6 to 7 ridges of my family are not confirmed wasteland. Do we have the right to ask his family to move the grave out?

If the land is not confirmed, it cannot prove that the land he occupies is yours.

The main thing is that he has taken possession of the land to which the other family has confirmed his rights.

You can find the village committee or ** mediation to deal with it, and ask the occupier to return the land, restore the land to its original state and compensate for losses.