What about the hidden dangers arising from the illegal sale of land? 15

These questions are complicated. Regarding land acquisition, a big contradiction has formed between the land acquisition and the farmers and developers. These contradictions cannot be realistically resolved.

Too many people are at stake. The peasants were the biggest victims in it. ** And get a lot of profit in it.

The state is embarking on reforms and wants to transform its functions. Hopefully, it will be a blessing for the farmers at that time.

The State has made relevant provisions for the protection of cultivated land and cultivated land.

Illegal land sales can be intervened by **, and it is really not possible to resort to law.

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.

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.

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.

Illegal land buying and selling is subject to the following situations:

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

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

3) Illegally transferring or reselling 10 acres or more of cultivated land other than basic farmland;

4) The amount of unlawful gains is 500,000 RMB or more;

5) Although the above-mentioned amount standards are not reached, but have received administrative punishment for illegally transferring or reselling land use rights for 2 or more times, and illegally transfer or resell land;

6) Causing a vile impact.

1. How long is the statute of limitations for illegal land sales?

There is also a question that does not have a clear answer to the question of whether the time when the two parties sign the transfer contract or agreement, the time when the price is paid, or the time when the land is actually occupied. According to Article 29 of the Administrative Punishment Law, the author believes that the time of limitation for calculating the penalty should be based on the actual price obtained by the transferor, the time in kind, and the completion of the actual occupation and use of the land by the transferee. Where the transferor's actual acquisition of the price or physical object is continuous, the date on which the final acquisition of the price or physical object is the date on which the illegal transfer ends.

If the transferee has withdrawn from possession and use of the land, the date of withdrawal shall be the date on which the illegal transfer of land ends.

2. How to deal with the sale and purchase of land.

Article 74 of the Land Management Law stipulates that if land is sold or illegally transferred in other forms, the competent department of natural resources of the people's government 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 are to be given sanctions in accordance with law; where a crime is constituted, criminal responsibility is pursued in accordance with law.

Article 342 of the Criminal Law stipulates that whoever violates land management regulations by illegally occupying cultivated land, forest land or other agricultural land, changing the use of the occupied land, and the amount is relatively large, causing a large amount of destruction of cultivated land, forest land and other agricultural land, shall be sentenced to fixed-term imprisonment of not more than five years or short-term detention and/or a fine.