What should be done if rural fields are illegally occupied?

Answer: If the land is occupied, the right holder can protect its rights in the following ways: the right holder can find the local village committee or police station for mediation, and if the parties are unwilling to negotiate or mediate or the negotiation or mediation fails, collect evidence of infringement, and then file a lawsuit in the court to request the infringement to be stopped.

Legal basis: Article 119 of the Civil Procedure Law of the People's Republic of China Article 119 A lawsuit must meet the following conditions:

1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case;

2) There is a clear defendant;

3) There are specific litigation claims, facts, and reasons;

4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.

If the illegal occupation of land is committed by the developer and other non-** authorities, farmers can rely on Articles 4, 32 to 38 and 125 of the Property Law (Civil Code).

Article 1 et seq.) and the Tort Liability Law.

Article 15 stipulates that civil litigation shall be instituted in accordance with law.

Request the other party to return the land in accordance with the law and restore it to its original state. If the other party causes damage to the lawful property such as seedlings on the land, the right holder has the right to request the other party to pay compensation for the damages.

If the illegal expropriation of land is carried out under the leadership of the administrative authority, our rights holders can comply with the "Land Management Law", "Regulations for the Implementation of the Land Management Law" and other laws and regulations.

An administrative lawsuit was filed with the people's court as the defendant against the administrative organ that illegally occupied the land.

Request the people's court to confirm that the administrative organ's forcible occupation of land is unlawful.

At the same time, with reference to the gist of the administrative ruling of the Supreme People's Court (2019) Zui Gao Fa Xing Shen No. 10722, the court may order the administrative organ being sued to take remedial measures and perform the statutory expropriation duties in a timely manner according to the actual situation, so as to make up for the losses of our land rights holders and protect the legitimate rights and interests of the majority of farmers.

Criminal law. It is also stipulated that illegal occupation of land and illegal change of use of cultivated land should be severely punished. Article 342 of the Act provides:

Whoever violates land management regulations by illegally occupying farmland, forest land, or other agricultural land, or changing the use of the occupied land, and the amount is relatively large, causing a large amount of destruction of farmland, forest land, or other agricultural land, is to be sentenced to up to five years imprisonment or short-term detention and/or a fine. ”

Therefore, if an individual or unit violates the national land management system and forcibly occupies a large area of rural farmland, resulting in the destruction of farmland and its ineffectiveness, it will commit the above-mentioned crimes and should bear corresponding criminal liability.

However, if a functionary of a state organ illegally approves the expropriation or occupation of land, the Criminal Law also stipulates that the crime of illegally approving the expropriation, expropriation or occupation of land shall be regulated and punished.

Article 410 of the Criminal Law stipulates: "Where a functionary of a state organ engages in favoritism, violates land management regulations, abuses his power, illegally approves the expropriation, requisition, or occupation of land, or illegally transfers the right to use state-owned land at a low price, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; and where the state or collective interests suffer especially heavy losses, a sentence of between three and seven years imprisonment is to be given. ”

Therefore, if a functionary of a state organ violates land management laws and regulations and does not follow the legal expropriation procedures to forcibly occupy the collective land legally contracted by the peasants for non-agricultural construction, he will also be suspected of illegally approving the crime of expropriation, expropriation, and occupation of land.

The authorities are obliged to comply with the Code of Criminal Procedure

Pursue their legal responsibility.

Finally, lawyer Zai Ming reminded the broad masses of farmers that they should not take the issue of cultivated land protection lightly, should not condone others to infringe on their own rights and interests, but should rely on the various relief channels provided by national laws to protect their own interests in accordance with laws and regulations, and have the courage to use legal means to fight against illegal land occupation. All lawyers in the field of expropriation and demolition, including lawyer Zaiming, will also uphold the bottom line of the principle of cultivated land protection established by the Land Management Law and help everyone.

If the land is encroached upon, you can file a complaint with the local land bureau to report the situation. Illegal occupation of land, by the people's ** land administrative departments at or above the county level shall be ordered to rectify or govern within a time limit, may be fined; where a crime is constituted, criminal responsibility is pursued in accordance with law.

Legal basis] Article 342 of the Criminal Law, whoever violates land management laws and regulations by illegally occupying cultivated land, forest land and 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.

According to Article 3 of the Law of the People's Republic of China on Mediation and Arbitration of Disputes over Rural Land Contracting and Operation (adopted at the Ninth Session of the Standing Committee of the Eleventh National People's Congress on June 27, 2009): "Disputes arising from the subcontracting, leasing, swapping, transfer, and shareholding of rural land contracting and management rights (including disputes arising from the subcontracting, leasing, swapping, transfer, and shareholding of rural land contracting and management rights; The parties may settle on their own, or they may request mediation by the villagers' committees and township (town) people."

Article 4: "If the parties fail to settle or mediate or are unwilling to reconcile or mediate, they may apply to the Rural Land Contract Arbitration Commission for arbitration, or they may directly file a lawsuit with the people's court."

Therefore, if you file a lawsuit directly with the court, the court shall accept it in accordance with law. If the court of first instance does not accept the case and does not issue a written certificate, you can directly file a lawsuit with the court at the next higher level.

Article 342:Whoever violates the regulations on the administration of land by illegally occupying cultivated land for other purposes, and the amount is relatively large, causing a large amount of damage to cultivated land, shall be sentenced to fixed-term imprisonment of not more than five years or short-term detention and/or a fine.

Article 346:Where a unit commits the crimes provided for in Articles 338 to 345 of this Section, the unit shall be fined, and the directly responsible managers and other directly responsible personnel shall be punished in accordance with the provisions of each article of this Section.

Punishment: In accordance with the provisions of Article 342 of the Criminal Law of the People's Republic of China, whoever violates land management regulations by illegally occupying cultivated land for other purposes, and the amount is relatively large, causing a large amount of destruction of cultivated land, shall be sentenced to fixed-term imprisonment of not more than five years or short-term detention and/or a fine.

According to Article 3 of the "Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of Destruction of Land Resources", whoever violates land management regulations by illegally occupying cultivated land for other purposes, and the amount is relatively large, causing a large amount of destruction of cultivated land, shall be convicted and punished as the crime of illegal occupation of cultivated land in accordance with the provisions of Article 342 of the Criminal Law of the People's Republic of China

1) "Relatively large amount" of illegally occupied cultivated land refers to the illegal occupation of more than 5 mu of basic farmland or the illegal occupation of more than 10 mu of cultivated land other than basic farmland;

2) Illegal occupation of cultivated land "causing a large amount of destruction of cultivated land" refers to the perpetrator's illegal occupation of cultivated land to build kilns, graves, houses, sand digging, quarrying, mining, soil extraction, stacking solid waste, or other non-agricultural construction, causing serious damage or serious pollution to planting conditions of 5 mu or more of basic farmland or 10 mu or more of farmland outside of basic farmland.

Secondly, if the other party is building illegally on the cultivated land, you can first report it to the urban construction department and demolish the illegal building.

Third, the above evidence should be complained to the competent department of the village collective and town ** and apply for mediation. If the mediation fails, you can file a lawsuit with the court, and if the other party refuses to enforce it, it will be enforced.

However, after all, litigation is time-consuming and laborious, and can be resolved through intermediary communication first. If you really can't do it, you can take the road of reporting, complaining, and prosecuting.

Rural collective land is occupied by individuals and can be resolved through negotiation, mediation, arbitration and litigation. The land contracted by individuals shall be used by individuals, and others shall not have the right to use the land contracted by individuals without compensation. In the event of a dispute over the contracting and operation of rural land, mediation or arbitration may be applied.

The parties can settle on their own, or they can request mediation by the villagers' committee and the township people. The parties are unwilling to negotiate, mediate or negotiate

If the mediation fails, then it can apply to the rural land contract arbitration institution for arbitration. If you are not satisfied with the arbitration result, you can also file a divorce lawsuit directly with the people's court of the jurisdiction.

The question is more complicated. The following measures may be taken to protect rights according to the specific circumstances: request the Bureau of Natural Resources and Planning to investigate and deal with illegal land use, request confirmation of land rights, request for return, etc.

Now in a society governed by the rule of law, you can go to legal action, and no one can break the law for any reason, otherwise you will get severe punishment.

We can go to the Bureau of Land Management and make a report, so that someone will come and deal with it for us.

You can find the commune, and if you can't, you can use legal means to defend your rights.

In rural areas, the definition of property rights is not clear, and the state needs to divide the ownership of land at the institutional level. It is best to be detailed and reliable, so that the property rights of rural people can also be based on the law, and effectively raise the legal awareness of farmers. Otherwise, there will be no end to the ruffles in the countryside.

The state has a rule that land is not allowed to be used for other purposes, so you can go through the legal process.

Take your land materials and go to the petition department of ** to report the situation.

You can report it to the Land Bureau.

1. Negotiate with the direct infringer to request the cessation of the infringement;

2. Find the local village committee and police station for mediation;

3. Collect evidence of infringement, and then go to the court to sue to stop the infringement and remove obstacles.

Second, the parties to the negotiation failed, should apply to the people's ** land and resources administrative departments for mediation. Administrative departments of land and resources mediation should be carried out on an equal and voluntary basis. When mediating, the following should be done:

1. Clarify the facts, distinguish right from wrong, and clarify responsibilities;

2. Carry out patient persuasion work in accordance with laws, regulations and policies, and explain the stakes;

3. It must not only comply with laws and regulations, be principled, but also be flexible;

4. Strive for the cooperation and support of relevant departments.

The parties voluntarily reached an agreement under the auspices of the Administrative Department of land and resources, shall be reviewed and approved by the Administrative Department of land and resources and the seals of both parties. Once the mediation agreement is served on the parties, it will take legal effect and become the basis for both parties to perform the law. If the parties are unwilling to mediate or are dissatisfied with mediation, or repentance before the mediation agreement is served after the mediation is established, they can directly request the people to deal with it in accordance with the law.

Legal analysis: If the land is encroached upon, you can complain to the local land bureau to reflect the situation. Illegal occupation of land, by the people's ** land administrative departments at or above the county level ordered to rectify or govern, and can be punished in a state of celebration which paragraph; where a crime is constituted, criminal responsibility is pursued in accordance with law.

Legal basis: Criminal Law of the People's Republic of China Article 342 Whoever violates land management regulations by illegally occupying farmland, forest land, or other agricultural land, or changing the use of the occupied land, and the amount is relatively large, causing a large amount of destruction of cultivated land, forest land, or other agricultural land, is to be sentenced to up to five years imprisonment or short-term detention and/or a fine.

Legal analysis: Illegal occupation of cultivated land refers to the occupation of cultivated land without legal procedures for approval, registration, issuance of certificates, and confirmation of land use rights. Illegal occupation of cultivated land is usually manifested in:

First, the occupation of cultivated land without approval, that is, without the trial of the state land management organs, and reported to the approval of the people, the unauthorized occupation of cultivated land, the occupation of less than one more cultivated land, that is, the occupation of part of the cultivated land is legally approved, but the number of more than the approved number and the number of cultivated land is larger, and the occupation of cultivated land by fraud is mainly to provide false documents, lie about the use or borrow, embezzle the name of others and other fraudulent means to obtain approval procedures and occupy cultivated land, and the amount is relatively large. Diversion refers to changing the cultivation of cultivated land for other purposes, such as starting a business, building a dwelling, building a road, quarrying, mining, soil mining, river mining, dumping of waste, etc.

Legal basis: Criminal Law of the People's Republic of China Article 342 Whoever violates land management regulations by illegally occupying farmland, forest land, or other agricultural land, or changing the use of the occupied land, and the amount is relatively large, causing a large amount of destruction of cultivated land, forest land, or other agricultural land, is to be sentenced to up to five years imprisonment or short-term detention and/or a fine. Where a unit commits a crime in this section, the unit shall be fined, and the directly responsible managers and other directly responsible personnel shall be punished in accordance with the provisions of each article of this section.

Summary. Dear, <>

Hello, I'm glad to answer this question for you: The act of occupying peasants' land without permission is illegal encroachment and should be punished accordingly. The main penalties are as follows:1

Criminal penalties. Article 240 of the Criminal Law stipulates that anyone who illegally occupies land and occupies the right to use land without permission, and the amount is relatively large or causes serious losses, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and/or a fine. In this case, if the circumstances are serious, the illegal occupation of the farmer's land may constitute this crime and bear criminal responsibility.

2.Civil Indemnity. The occupied land shall be returned to the occupied land, and compensation shall be made for the use and income of the illegally occupied land.

Article 55 of the Land Management Law stipulates that the occupation of land shall be investigated and a decision shall be made to recover the land, stop the use of the land, and impose a fine. Where the circumstances are serious and constitute a crime, the case shall be transferred to the judicial organs for investigation of criminal responsibility.

What should be done with the unauthorized occupation of peasant land?

Dear, <>

Hello, I'm glad to answer this question for you: The act of occupying peasants' land without permission is illegal encroachment and should be punished accordingly. The main penalties are as follows:1

Criminal penalties. Article 240 of the Criminal Law stipulates that anyone who illegally occupies land and occupies the right to use land without permission, and the amount is relatively large or causes serious losses, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and/or a fine. In this case, if the circumstances are serious, the illegal occupation of the farmer's land may constitute this crime and bear criminal responsibility.

2.Civil Indemnity. The occupied land shall be returned to the occupied land, and compensation shall be made for the use and income of the illegally occupied land.

Article 55 of the Land Management Law stipulates that the occupation of land shall be investigated, and a decision shall be made to recover the land, stop using the land, and impose a fine. Where the circumstances are serious and constitute a crime, the case shall be transferred to the judicial organs for investigation of criminal responsibility.

Dear, the unauthorized occupation of peasants' land is a serious and destructive illegal occupation, and should bear criminal penalties, civil compensation, administrative penalties, and the legal consequences of demolishing illegal buildings for dissipation. Imitate the <>