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If the village collective land has been idle, you can use itIt's a good thing to go, at least it's a clean up of the natural environment, and it also belongs to the rational arrangement of soil resources, and it should be rewarded, just like the wasteland, it will definitely be rewarded, after all, this is also a good thing to sort out the inside, you mean to steal and cut, can you look for people? If you can find a problem that is undoubtedly solved in accordance with laws and regulations, and the feelings are more serious to pursue criminal responsibility, and the general theft will also be detained and fined, the most important question is whether you can find out the person?
If the unified planning of the bamboo is dug up, there is no doubt that you have to pay, you don't have to feel that you don't have to take the contract fee, the key is that you have already formed an objective fact contracting association, your behavior is a good deed, it should definitely be rewarded, so digging will definitely pay, whether you have a contract relationship with the countryside or not, the important thing is that this is a good deed. It is also a great landscaping project, barren mountains become good acres, and a huge award should be given according to the requirements of Article 2 and Article 9 of the Land Management Law: the land resources in rural and urban areas are owned by the state in addition to being owned by laws and regulations, and are owned by the whole people; Rural homesteads, responsible fields, and self-retained mountains are owned by peasant households and the whole people.
Rural homesteads, responsible fields, and self-retained mountains are owned by peasant households and the whole people. All individuals and units shall not embezzle, trade or otherwise illegally transfer land resources. Land ownership can be transferred in accordance with regulations.
Therefore, your behavior of occupying barren mountains owned by the whole people is in violation of regulations and belongs to the individual behavior of illegally occupying collective land;
Legal basis for the crime of illegal occupation of collective land: According to Article 74 of the Land Management Law: if land resources are traded or illegally transferred in other ways, the illegal income of the competent authority for people's ecological resources listed at the county level shall be obtained; For those who change agricultural land into land in violation of the overall plan for the use of land resources, the newly created buildings and other equipment on the illegally transferred land shall be demolished within a time limit, and the original appearance of the land resources shall be restored, and the newly created housing buildings and other equipment on the illegally transferred land shall be confiscated if they conform to the overall plan for the use of land resources; can impose penalties; Directly responsible managers and other immediately responsible personnel shall be punished in accordance with regulations; Those suspected of committing a crime are <>
Criminal responsibility is pursued in accordance with regulations. This will certainly not be compensated, and it will be barren in the peasant groupIt is against the rules to plant plants, because it is not possible to plant items on the barren mountains of rural collectives. If you negotiate with the village, or the local ** authorities, or get permission, you can only plant plants on the barren mountain of the group.
Otherwise, it doesn't matter what you plant on the group barren mountain. It belongs to all the people in the village, so the land is owned by the whole people in the village, and whoever planted it also belongs to the people in the village, so if you plant things on the ground owned by the people in the village, you yourself are violating the regulations, so there will be no such thing as stealing.
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Although the wasteland does not belong to the farmer, it belongs to the farmer's personal property after the bamboo is planted, and if it is stolen and cut down, it has violated the legitimate rights and interests of the farmer.
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If you secretly plant bamboo on wasteland, you will not be protected by the law, and even if it is stolen, you will not be compensated, unless the bamboo planted on the wasteland contracted for reclamation is stolen under normal circumstances.
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They will definitely be able to get compensation, and this practice must have affected their rights and interests, and they must be properly investigated.
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1. Is it illegal for villagers to cut down bamboo in rural wasteland?
Without a logging permit, it is illegal to cut down trees casually.
1.According to Article 32 of the Forest Law of the People's Republic of China, felling trees must apply for a felling permit, and felling shall be carried out in accordance with the provisions of the permit; Except for the sporadic trees that are harvested by rural dwellers on their own land and in front of and behind their houses. State-owned forestry enterprises, institutions, organs, groups, troops, schools and other state-owned enterprises and institutions shall be subject to the examination and issuance of felling permits by the competent forestry authorities at or above the county level where they are located in accordance with relevant regulations.
Rural collective economic organizations shall examine and issue felling permits by the competent forestry departments at the county level in accordance with relevant regulations.
2.According to Article 345 of the Criminal Law, if the crime of illegal logging of trees is relatively large, a person may be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release, and a fine alone or concurrently.
Article 32 of the Forest Law must apply for a felling permit for felling trees, and the felling shall be carried out in accordance with the provisions of the permit; Except for the felling of sporadic trees owned by rural residents on their own land and in front of and behind their houses. Article 39 Anyone who illegally logs down forests or other forests shall compensate for losses according to law; The competent forestry department shall order the replanting of illegally felled trees dozens of times, confiscate the illegally felled trees or the proceeds from the sale, and impose a fine of not less than three times but not more than ten times the value of the illegally felled trees. In the case of indiscriminate felling of forests or other forest trees, the competent forestry department shall order the replanting of trees five times the number of trees that have been indiscriminately felled, and impose a fine of not less than two times but not more than five times the value of the indiscriminately felled trees.
If the refusal to replant trees or the replanting does not comply with the relevant provisions of the state, the competent forestry department shall replant on behalf of the offender, and the required expenses shall be paid by the violator.
II. Standards for Filing Criminal Cases of Forest and Terrestrial Wildlife.
1) In the case of illegal felling of forests or other forest trees, the starting point for filing a case is 2 cubic meters to 5 cubic meters or 100 to 200 young trees; Illegal logging of 20 cubic meters to 50 cubic meters of trees or 1,000 young trees is the starting point for major cases; Illegal felling of 100 to 200 cubic meters of trees or 5,000 to 10,000 young trees is the starting point for filing particularly serious cases. In the case of indiscriminate felling of forests or other forest trees, the starting point for filing a case is 10 cubic meters to 20 cubic meters or 500 to 1,000 young trees; Indiscriminate felling of more than 50 cubic meters of trees or more than 2,500 young trees is a major case; Indiscriminate felling of more than 100 cubic meters of forest or more than 5,000 young trees is a particularly serious case. Where illegal felling or indiscriminate felling of forests or other trees constitutes a crime, criminal responsibility shall be pursued in accordance with law.
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Summary. Hello, I'm glad for your question, is it illegal to contract agricultural planting in a field and then grow bambooAnswer: Hello, dear! <>
It is not illegal to grow bamboo, but there are a few things to be aware of. First of all, it is necessary to comply with the provisions of the land management law to ensure that the land planted is legal, stable and sustainable. Second, it is necessary to comply with the provisions of the labor law to ensure that the legitimate rights and interests of workers are protected.
Thirdly, it is necessary to comply with the relevant laws and regulations to protect the ecological environment and ensure that the planting process will not cause adverse effects on the environment. Therefore, when planting bamboo in contracted fields, it is necessary to strictly abide by relevant laws and regulations to ensure legal compliance.
Is it illegal to contract a field for agriculture and then plant bamboo.
Hello, I'm glad to ask the question, is it illegal to contract agricultural planting in the field and then plant bamboo? <>
It is not illegal to grow bamboo, but there are a few things to be aware of. First of all, it is necessary to comply with the provisions of the land management law to ensure that the land planted is legal, stable and sustainable. Second, it is necessary to comply with the provisions of the labor law to ensure that the legitimate rights and interests of workers are protected and protected.
Thirdly, it is necessary to comply with the relevant laws and regulations to protect the ecological environment and ensure that the planting process will not cause adverse effects on the environment. Therefore, when planting bamboo in contracted fields, it is necessary to strictly abide by relevant laws and regulations to ensure legal compliance.
Addendum: The planting of bamboo should be in line with the actual chain of the land, so as to avoid destroying the ecological balance and wasting the key source of the capital department; At the same time, it is also necessary to prevent the occurrence of forestry disasters, and regularly carry out tending and care to ensure the healthy growth of bamboo. <>
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Summary. We are happy to answer for you, it is illegal to contract agricultural planting in the field and then plant bamboo. Legal Analysis:
There are two main categories of land contracted by peasants, basic farmland land, and ordinary farmland land, and it is absolutely not permissible for peasants to plant trees on the contracted basic farmland, which is an illegal act.
I am happy to answer for you, it is illegal to contract the field agriculture to plant Zheng Tangerine and then plant bamboo. Legal analysis: Farmers' contracted land is mainly divided into two categories, basic farmland land, and ordinary farmland land.
Legal basis: Article 36 of the Land Management Law of the People's Republic of China stipulates that "a land contractor shall not change the use of the contracted land without authorization during the contract period.
Therefore, if you agree in the land contract to plant pepper trees and then plant bamboo, it is a breach of contract to change the use of the contracted land without authorization. According to Article 166 of the Contract Law of the People's Republic of China, "if one of the parties violates the contract agreement, it shall bear the liability for breach of contract."
Therefore, if you agree in the land contract to plant pepper trees and then plant bamboo, you should be liable for breach of contract. According to Article 186 of the General Principles of the Civil Law of the People's Republic of China, "if one party breaches the contract, it shall compensate for the loss according to the actual loss of the other party."
Therefore, if you agree in the land contract to plant pepper trees and then plant bamboo, you should compensate for the actual losses of the other party.
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Summary. Cutting down collective trees is suspected of violating the law without a permit. In order to strengthen environmental protection, according to the laws of our country, the implementation of the forest quota felling and felling permit system, in addition to the villagers to cut down trees in front of the house and behind the house, all organizations and individuals need to obtain a felling permit.
Cutting down collective trees is suspected of violating the law without a permit. In order to strengthen environmental protection, according to China's law, the Shidong dispatch forest quota felling and felling permit system, except for the villagers who cut down trees in front of the house and behind the house, all organizations and individuals who cut down trees need to obtain a felling permit.
Legal basis: Article 345 of the Criminal Law of the People's Republic of China: Whoever illegally logs down forests or other forests, and the quantity is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release, and/or a fine; where the amount is huge, a sentence of between three and seven years imprisonment and a concurrent fine is to be given; If the number is huge, he shall be sentenced to fixed-term imprisonment of not less than seven years and shall also be fined. Whoever violates the provisions of the Forest Law by indiscriminately felling forests or other forests, and the quantity is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release of the author, and/or a fine; where the amount is huge, a sentence of between three and seven years imprisonment and a concurrent fine is to be given;
My neighbor planted pepper trees on the village collective land in front of my house, and I had to bear the responsibility for cutting them down.
Dear, the other party planted pepper books, whether it was agreed by the village.
Without the consent of the village, the number is about a dozen.
If the other party is also illegally planted, your behavior is not illegal.
Do I need to compensate the other party for the loss?
Dear, this is a matter of compensation, you belong to the people who have ruined their finances.
What is the standard of compensation, he also planted other trees, and I cut them down together, is it illegal, or how thick the trees are cut down is illegal.
Dear, you are an illegal act, but the specific amount of compensation, the Forestry Bureau is speechless to determine the value of the tree.
Didn't you just say that cutting down pepper trees is not illegal?
Dear, this is an administrative violation, relatively minor, not criminal responsibility, in this case, it is enough to compensate the other party for the loss.
What if I don't compensate the other party for financial losses? I'll just wait for the court to decide.
Dear, yes, you can wait for the court to make a judgment and then make a <> for compensation
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Summary. Legal basis: Article 20 of the Forest Law of the People's Republic of China State-owned enterprises, institutions, organs, groups and troops shall manage and protect the forest income in accordance with the provisions of the State.
The trees planted by rural residents in front of and behind their houses, on their own land, and on their own hills are owned by individuals. The trees planted in the courtyards of their own houses by townspeople are owned by individuals. Forests created by collectives or individuals contracted by the state and collectively owned by barren mountains and barren lands suitable for forests shall be owned by the contracting collectives or individuals; If the contract provides otherwise, such agreement shall prevail.
Forests planted by other organizations or individuals shall be owned by the builders in accordance with the law and enjoy the benefits of the trees; If the contract provides otherwise, such agreement shall prevail. Article 21 For the needs of public interests such as ecological protection and infrastructure construction, it is necessary to expropriate or requisition forest land or trees, and shall go through the examination and approval formalities in accordance with the provisions of the Land Management Law of the People's Republic of China and other laws and administrative regulations, and give fair and reasonable compensation.
Hello dear, I am glad to answer your <>
Is it legal for a farmer to cut down the trees he planted and bury them in the midst of his own contracted wasteland? Kiss You can cut down trees on the mountain you contract, but you need to apply for a cutting permit.
Legal analysis: You can cut down trees on the hill you contract, but you need to apply for a felling permit. The trees planted by rural residents in front of and behind their houses, on their own land, and on their own hills are owned by individuals.
The trees planted by urban residents in the courtyards of their own houses are owned by individuals. Collectives or individuals contract state-owned and collectively-owned forests and barren mountains and barren lands to create forests, and the section is owned by the contracting collective or individual; If the contract has other provisions, it shall prevail. Forests planted by other organizations or individuals shall be owned by the builders in accordance with the law and enjoy the benefits of the trees; If the contract provides otherwise, such agreement shall prevail.
Legal basis: Article 20 of the Forest Law of the People's Republic of China State-owned enterprises, institutions, organs, groups and troops shall manage and protect the forest income in accordance with the provisions of the State. The trees planted by rural residents in front of and behind their houses, in the middle of their own ears, and in their own mountains, belong to individuals.
The trees planted in the courtyards of their own houses by townspeople are owned by individuals. Forests created by collectives or individuals contracted by the state and collectively owned by barren mountains and barren lands suitable for forests shall be owned by the contracting collectives or individuals; If the contract provides otherwise, such agreement shall prevail. Forests created by other organizations or individuals shall be owned by the builders in accordance with the Chaidanshan Law and enjoy the benefits of the trees; If the contract provides otherwise, such agreement shall prevail.
Article 21 For the needs of ecological protection, infrastructure construction and other public interests, it is really necessary to expropriate or requisition forest land and trees, shall be in accordance with the provisions of the Land Management Law of the People's Republic of China and other laws and administrative regulations for examination and approval, and give fair and reasonable compensation.
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