Is it illegal for farmers to plant trees on farmland? How can we distinguish and define it?

After all, there is a special land contract law called "China's Rural Land Contract Law," which has five chapters and a total of 70 articles.

The purpose of the rural land contract to you is to solve the problem of peasants eating, eating is a big thing, and eating is a problem of sustainable survival of human beings. Therefore, in the process of extending the first round of rural land contract or the second round of contract extension, the contract issuer has signed a rural land contract with the farmer, and the contract has a clause: Party B shall protect the cultivated land during the contract period and shall not change the use of the cultivated land at will.

Obviously, you are not allowed to use the land to plant trees during the contract period, and since you are planting trees on the land you have contracted, you are unilaterally changing the use of cultivated land. Unilateral change of cultivated land use is to cause permanent damage to cultivated land and undermine the state's red line of protecting 1.8 billion mu of cultivated land.

Behavior, that is, illegality, is breach of contract.

Article 11, Article 14, Article 18, Article 63, and Article 64 of the Rural Land Contract Law of the People's Republic of China provide for the illegal acts of rural land contractors.

The pursuit of responsibility has been specifically elaborated, and I will not excerpt them in detail here.

When peasants violate the law and breach of contract on the land they have contracted, there are generally two situations, one is unknowingly and the other is knowingly.

It is understandable that the "Contract Law" and the contract have been violated unknowingly because of negligence, but we should consciously re-study the "Contract Law" and read the contract book.

Wake up early and correct inappropriate practices as soon as possible. Because he understands the law and knowingly commits it, Party A.

It is to give Party B a certain punishment for its illegal behavior (mainly for the kind that seriously causes permanent damage to cultivated land), force Party B to reclaim the contracted land within a time limit, and at the same time, terminate the contract and recover the land and re-issue the contract.

The above is my personal review of laws and regulations.

I hope it will help you.

If trees are planted on basic farmland, it must be illegal, and the standard for definition is to judge whether it is basic farmland or not. It is illegal for rural areas to plant trees on cultivated land without permission, and if it is on basic farmland, which is strictly protected.

There is no illegality, but it is difficult to distinguish and define, and there is no clear boundary.

Personally, I don't think this is an illegal act, this kind of behavior is not only illegal, but also will be led and rewarded by the local **, which is more conducive to the development of its environment and has made relevant structural adjustments; The state will divide the land, and we should follow the rules of the state to plant.

It is not an illegal act and should be defined according to the nature of the land.

It is not illegal for peasants to plant trees on cultivated land without permission, because the land is now divided into two categories: ordinary cultivated land and basic farmland, and if peasants plant trees on basic farmland without permission, it is illegal to do so, because these basic farmlands are forbidden to develop forestry and fruit industries, plant trees, dig ponds, and raise fish. It is not illegal for farmers to plant trees on cultivated land, and they should be supported and supported by the local government, and they can get corresponding subsidies.

Whether the land is basic farmland or basic cultivated land is an important basis for determining whether it is illegal to plant trees, because the state protects basic farmland and has many special protection policies. However, not all cultivated land belongs to basic farmland, and in most places, basic farmland is land that must be protected to meet the needs of the population and the national economy for agricultural products, and it is a kind of minimum demand, which is often referred to as life-saving fields.

Basic arable land refers to all the land that can be used to grow crops. All the land in nature that can be used for agricultural production can be called basic cultivated land, which includes basic farmland and basic cultivated land, which can not only grow grain and oil, but also can be exploited into orchards, woodlands, pastures and other agricultural land. Therefore, planting trees is also included in cultivated land, and farmers planting trees on cultivated land should not be regarded as illegal, as long as they do not encroach on basic farmland, it cannot be considered illegal.

The definition of this behavior is that the basic farmland can not be planted without permission, that is an illegal act, other cultivated land can be planted trees is not illegal, in many places the farmland erected farmland protection zone signs, the cultivated land in these protected areas is the basic farmland is prohibited from development, the forestry and fruit industry digging ponds and fish farming is even more forbidden to plant trees. Land that is not included in the basic farmland is basic cultivated land, which is land that can be used at will, and it is not illegal to plant trees on these lands, and it is possible to plant both fruit trees and economic tree species, so that farmers can obtain higher incomes.

It is an illegal act for the rural areas to plant trees on the bases, and the basic farmland within the farmland protection is only restricted to the peasants to grow grain, which is the safety red line for protecting the state's grain, and nothing else can be done.

There are two types of cultivated land, basic farmland and ordinary farmland. It is illegal to plant trees on basic farmland. However, it is not illegal to plant trees on ordinary arable land. It depends on what kind of land you are planting.

This is indeed an illegal act, which is defined as the fact that only cultivated land can be cultivated, and if you want to plant something else, you need to obtain the consent of the local agricultural management bureau.

The act of planting trees in basic farmland in rural areas is an illegal act. At present, there are no laws and policies explicitly prohibiting the planting of trees on general cultivated land, but the basic farmland is not allowed to plant trees, develop the forest and fruit industry, engage in forest-grain intercropping, and build farmland forest networks beyond the standard, but it is a clear provision of relevant laws, regulations, and policies, and it is also a very strict prohibition.

1. Can trees be planted on cultivated land?

1. It is absolutely taboo to replant trees on fertile land.

2. The protection of cultivated land is the basic national policy of China, because high-quality land resources are limited and the per capita cultivated land is small.

3. The law has expressly prohibited the planting of trees on basic farmland (i.e., cultivated land), even fruit trees.

2. The difference between cultivated land and basic farmland.

1. Conceptual differences.

1) Cultivated land mainly refers to the land used to grow wheat, rice, corn, vegetables and other crops and is often planted, such as irrigated paddy fields, Wangtian fields, irrigated land, dry land and vegetable fields.

2) Basic farmland refers to the cultivated land that shall not be occupied for a long time according to the needs of the population and the national economy for products in a certain period of time, as well as for the construction land and planning.

2. Attribute differences.

1) Cultivated land includes basic farmland, which is only one part of cultivated land, but it is high-yield and high-quality cultivated land.

2) Not all cultivated land is basic farmland, and only cultivated land that is included in the basic farmland protection zone can be called basic farmland.

3. Differences in nature.

1) Basic farmland is cultivated land under key protection, and cannot be used except under special circumstances.

2) The general farmland in the cultivated land is not as strict as the basic farmland requirements, so the cultivated land does not belong to the key protected species.

3. What kind of land type is cultivated land?

There are 5 common types of cultivated land.

1. Irrigated paddy field: Irrigated paddy field refers to the cultivated land that has water source guarantee and irrigation facilities, can be irrigated normally, and is used for planting aquatic crops.

2. Wangtiantian: Wangtiantian refers to the cultivated land without irrigation facilities and mainly relying on natural rainfall for planting aquatic crops, mainly including water-drought rotation land without irrigation facilities.

3. Watered land: Watered land refers to cultivated land that can be irrigated normally with water source guarantee and irrigation facilities in addition to paddy fields and vegetable fields.

4. Dry land: Dry land refers to cultivated land without irrigation facilities and mainly relying on natural precipitation to grow dry crops, including cultivated land without irrigation facilities and relying only on flood diversion and siltation.

5. Vegetable land: Vegetable land usually refers to the cultivated land dominated by green vegetables all year round, and greenhouse land also belongs to this category.

Legal basis

Land Management Law of the People's Republic of China

Article 75: Where the provisions of this Law are violated by occupying cultivated land to build kilns or graves, or building houses, digging sand, quarrying, mining, or taking soil on cultivated land without authorization, destroying planting conditions, or causing desertification or salinization of land due to land development, the competent departments for natural resources and agriculture and rural affairs of the people's governments at or above the county level shall, in accordance with their duties, order corrections or rectification within a set period of time, and may be fined concurrently; where a crime is constituted, criminal responsibility is pursued in accordance with law.

In accordance with the Land Management Law of the People's Republic of China.

Article 37 Where land must be used sparingly for non-agricultural construction, and wasteland may be used, cultivated land shall not be occupied.

Where inferior land can be used, good land must not be occupied.

It is forbidden to occupy cultivated land to build kilns or graves, or to build houses, dig sand, quarry, mine, and take soil on cultivated land without authorization. It is forbidden to occupy permanent basic farmland for the development of forestry and fruit industry and to dig ponds for fish farming.

Article 75 Whoever violates the provisions of this Law by occupying cultivated land to build kilns or graves, or building houses, digging sand and branches, quarrying, mining, or taking soil on cultivated land without authorization, thereby destroying the conditions for planting, or causing desertification due to the development of land.

Salinization, by the people's ** department in charge of natural resources at or above the county level, the department in charge of agriculture and rural affairs, etc., in accordance with their duties, order corrections or rectification within a set period of time, and may be fined concurrently; where a crime is constituted, criminal responsibility is pursued in accordance with law.

Legal Analysis: If the cultivated land is in the basic farmland protection zone, it is illegal to plant trees.

Legal basis: Article 17 of the Regulations on the Protection of Basic Farmland prohibits any unit or individual from building kilns, houses, graves, digging sand, quarrying, mining, taking soil, piling up solid wastes, or carrying out other activities that damage basic farmland in the basic farmland protection zone. It is forbidden for any unit or individual to occupy basic farmland for the development of forestry and fruit industry and to dig ponds for fish farming.

This is illegal, because arable land can generally only be used for farming, if the farmer has the right to use the land, then he can plant trees, but if it is contracted, then planting trees is illegal.

This is against the law. According to China's garden law and the relevant regulations on the use of fields, cultivated land cannot be used to plant trees, cultivated land can only be used for its original purpose, violators must be punished accordingly, such as fines.

This does not constitute an offence; Check the local policies, check the ** subsidy, check the legal requirements, ask the parties, and go to a professional person to inquire.

It is not illegal, and it is in accordance with the regulations, as long as it is not planted in a large area, there will be no problem.

When the land is divided into households, the state prohibits permanent facilities such as houses and graves from entering the cultivated land, and on the contrary, the state also encourages some peasants to adjust the industrial structure.

It is indeed an illegal act, and China's cultivated land cannot be used for other purposes at will, and this kind of behavior is in violation of relevant regulations and needs to be returned.