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Article 36 of the Land Management Law prohibits the occupation of cultivated land to build kilns or graves, or to build houses, dig sand, quarry, mine, or take soil on cultivated land without authorization. 74th in violation of the provisions of this Law, occupy cultivated land to build kilns, graves or build houses on cultivated land without authorization, digging sand, quarrying, mining, taking soil, etc., destroying planting conditions, or due to the development of land caused by desertification, salinization, by the people's land administrative departments at or above the county level shall be ordered to rectify or rectify within a time limit, may be fined; where a crime is constituted, criminal responsibility is pursued in accordance with law.
Article 342 of the Criminal Law: 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.
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.
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.
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The amount involved in the illegal excavation of earth exceeds 3,000 yuan, which constitutes the crime of theft.
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Legal Analysis: Breaking the law, digging soil and occupying land for construction and renovation activities without the approval and approval of the state are all within the scope of the law.
Legal basis: "Criminal Procedure 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.
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Hello, I'm glad to answer for you, it's illegal to dig without permission.
First, it is a violation of the law to excavate soil and occupy land for construction and renovation activities without the approval and approval of the state.
Second, the violation of the land management law is subject to administrative punishment at the slightest, and if it is seriously suspected of a criminal offense.
Legal basis: "Land Management Law of the People's Republic of China" Article 36 Non-agricultural construction must use land sparingly, and where wasteland can be used, cultivated land shall not be occupied, and if inferior land can be used, good land shall not be occupied. 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. 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 branch and socks 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.
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