The most effective way to report illegal construction of cultivated land, and how to report illegal

It is illegal and can be complained to the land management department. Illegal construction in rural areas refers to all kinds of buildings that are constructed on agricultural land or rural construction land without obtaining a rural construction planning permit or construction project planning permit in accordance with the law.

Here's how to make a report:

1.You can report it to the local ** or land and resources management department;

Town and Country Planning Law

1) Article 68 After the competent department of urban and rural planning makes a decision to order the construction to be stopped or demolished within a time limit, if the parties do not stop the construction or do not demolish it within the time limit, the local people at or above the county level where the construction project is located may instruct the relevant departments to take measures such as sealing the construction site. Land Administration Act

2) Article 83 In accordance with the provisions of this Law, if the newly built buildings and other facilities on illegally occupied land are ordered to be demolished within a time limit, the construction unit or individual must immediately stop the construction and demolish it on its own. If the construction unit or individual is dissatisfied with the administrative penalty decision ordering demolition within a set period of time, it may, within 15 days from the date of receipt of the decision to order demolition within a set period of time, if it does not demolish it on its own after the expiration of the time limit, the organ that made the penalty decision shall apply to the people's court for compulsory enforcement in accordance with law, and the costs shall be borne by the violator. Illegal construction of houses in rural areas may be reported to the township (town) land and resources management office.

Opinions on Strengthening the Management of Rural Homesteads

3) Point 11 points out that all localities should further improve and improve the dynamic inspection system, effectively strengthen the daily supervision of rural villagers' residential construction land, and promptly discover and stop all kinds of land violations. It is necessary to strengthen the institutions and functions of township (town) land and resources management, and give full play to the role of township (town) land and resources management offices in the management of homesteads. Actively explore effective measures to prevent illegal land activities, and give full play to the supervisory role of the public.

For serious violations, it is necessary to make public and educate the masses with typical cases.

Legal basis: Land Management Law

Article 83 Where, in accordance with the provisions of this Law, it is ordered to demolish buildings and other facilities newly built on illegally occupied land within a specified period of time, the construction unit or individual must immediately stop the construction and demolish it on its own; If the construction continues, the organ that made the penalty decision has the right to stop it. If the construction unit or individual is dissatisfied with the administrative penalty decision ordering demolition within a set period of time, it may file a lawsuit with the people's court within 15 days of receiving the decision to order demolition within a set period of time; Where they do not prosecute and do not dismantle it on their own at the end of the time limit, the organ that made the penalty decision shall apply to the people's court for compulsory enforcement in accordance with law, and the costs shall be borne by the offender.

Illegal occupation of land, buying and selling of land,

Legal analysis: Report to the competent departments of natural resources and agriculture and rural affairs of the people's ** at or above the county level.

Legal basis: "Land Management Law of the People's Republic of China" Article 75 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 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's governments at or above the county level shall order corrections or rectification within a time limit in accordance with their duties, and may be fined concurrently; where a crime is constituted, criminal responsibility is pursued in accordance with law.

[Legal Analysis]: The parties may choose to mail the "Application for Investigation and Punishment" for illegal occupation of cultivated land to the local people's competent department of natural resources or the competent department of agriculture and rural affairs of the local people's **, and request the competent department to deal with it in accordance with the law. The parties can also choose the 12336 illegal reporting number opened by the Ministry of Land and Resources of the People's Republic of China to report and supervise the illegal use of land and the management of land resources.

In the event of inaction by the competent authorities, further rights protection may also be considered through administrative reconsideration, administrative litigation, and other means. Agricultural land, also known as agricultural land, refers to the land used for agricultural production, including cultivated land, garden land, forest land, pasture land, water surface for raising and fishing, land for farmland water conservancy facilities, as well as land occupied by field roads and all other agricultural production buildings. Agricultural land is strictly protected by national laws, and illegal occupation of agricultural land may violate the crime of illegal occupation of agricultural land in the criminal law.

Legal basis]: "Land Management Law of the People's Republic of China" Article 77 Anyone who illegally occupies land without approval or by fraudulent means to obtain approval by deception, shall be ordered to return the illegally occupied land by the competent department of natural resources of the people's people at or above the county level. confiscation of newly constructed buildings and other facilities on illegally occupied land may be accompanied by a fine; The directly responsible managers and other directly responsible personnel of units that illegally occupy land shall be punished in accordance with law; where a crime is constituted, criminal responsibility is pursued in accordance with law.

If the amount of land is occupied in excess of the approved amount, the excess land shall be punished as illegal occupation of land.

1. Illegal occupation of cultivated land can be reported to the land office or land department. However, the premise must be that there must be legal evidence, if it does not constitute a crime, then a fine will be given, but if it constitutes a crime, then the person concerned will be investigated for criminal responsibility.

2. Legal basis: Article 75 of the Land Management Law of the People's Republic of China violates the provisions of this law by 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's governments at or above the county level shall order corrections or rectification within a time limit in accordance with their duties, and may be fined concurrently; where a crime is constituted, criminal responsibility is pursued in accordance with law.

Article 76.

Whoever violates the provisions of this Law and refuses to perform the obligation of land reclamation shall be ordered to make corrections within a time limit by the competent department of natural resources of the people's ** at or above the county level; If the correction is not made within the time limit, it shall be ordered to pay a reclamation fee, which shall be used exclusively for land reclamation, and a fine may be imposed.

2. What are the constitutive elements of the violation?

1. It must be an act that violates the law;

2. The violation must be an act that infringes on the social relations protected by law to varying degrees;

3. Violations of the law generally require the intention or negligence of the actor;

4. The offender must have the legal capacity for responsibility or legal capacity.

1. According to the actual situation of illegal construction, the most effective reporting methods are:

1) If it involves illegal construction in rural areas, it can directly complain to the Ministry of Land and Resources and request compulsory demolition;

2) If the illegal building is in the city, you can complain to the city management department or the planning bureau.

2. Legal basis: Article 64 of the Urban and Rural Planning Law.

If the construction project planning permit has not been obtained or the construction is not carried out in accordance with the provisions of the construction project planning permit, the local people's ** urban and rural planning department at or above the county level shall order the construction to be stopped; If corrective measures can still be taken to eliminate the impact on the implementation of the plan, the correction shall be made within a time limit, and a fine of not less than 5% but not more than 10% of the construction project cost shall be imposed; If it is not possible to take corrective measures to eliminate the impact, it shall be demolished within a time limit, and if it cannot be demolished, the physical object or illegal income shall be confiscated, and a fine of less than 10% of the construction project cost may be imposed concurrently.

Article 65.

If the rural construction planning permit is not obtained in accordance with the law in the township or village planning area or the construction is not carried out in accordance with the provisions of the rural construction planning permit, the township or town people shall order the construction to be stopped and corrected within a time limit; If it is not corrected within the time limit, it may be dismantled.

2. What are the illegal buildings in rural areas?

1. Houses that have been built without approval;

2. A house built by a peasant with multiple houses;

3. Houses built by privately occupying collective land and reserved land in rural areas;

4. All family members have moved out of the village collective, and the ground buildings are no longer inhabitable;

5. Houses built on agricultural land such as contracted land;

6. Houses purchased and built by non-village collective members;

7. Other houses built that do not meet the conditions of construction.