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What is the crime for people to cultivate land privately?
1. What is the crime of people reclaiming land for farming without permission? Reclaiming land without permission may constitute the crime of illegal occupation of cultivated land. According to Article 342 of the Criminal Law of People's Republic of China (PRC), whoever illegally occupies land for other purposes in violation of land management laws and regulations, resulting in massive destruction of cultivated land, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also, or shall only, be fined. The crime of illegal occupation of cultivated land refers to the act of illegally occupying cultivated land for other purposes in violation of land management regulations, resulting in a large number of cultivated land destruction. Article 342 Whoever, in violation of land management regulations, illegally occupies cultivated land or uses it for other purposes, in relatively large quantities, thus causing extensive damage to cultivated land, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also, or shall only, be fined. Article 346 Where a unit commits the crimes specified in Articles 338 to 345 of this section, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible shall be punished according to the provisions of each article of this section. Second, land use tax needs to be paid for land reclamation. The notice issued by State Taxation Administration of The People's Republic of China, the Ministry of Finance of People's Republic of China (PRC), stipulates: "For barren hills, woodlands and lake areas within the scope of enterprises that have been exempted from urban land use tax according to regulations, urban land use tax will be levied by half according to the taxable amount from 20 14 1 to 20 15 12 3 1; From 20 16 65438+ 10 1, the urban land use tax will be levied in full. " 3. What are the rules for individual land reclamation in rural areas? 1. According to Article 40 of the Land Management Law of the People's Republic of China, if the state-owned barren hills, wasteland and wasteland whose right to use has not been determined are used for planting, forestry, animal husbandry and fishery production, the development unit or individual may determine the long-term use with the approval of the people's government at or above the county level according to law. 2. According to the "Regulations on the Implementation of Land and Land Management Law in People's Republic of China (PRC)", there are the following provisions: (1) Article 17 prohibits units and individuals from engaging in land development activities in the reclamation-forbidden areas determined by the overall land use planning. (2) Those who develop state-owned barren hills, wasteland and wasteland in the land reclamation area determined by the overall land use planning to engage in planting, forestry, animal husbandry and fishery production shall apply to the land administrative department of the people's government at or above the county level where the land is located, and report to the people's government with the right of approval for approval. (2) The one-time development of state-owned barren hills, wasteland and wasteland with undetermined land use rights of less than 600 hectares shall be approved by the local people's governments at or above the county level in accordance with the limits of authority prescribed by provinces, autonomous regions and municipalities directly under the Central Government; Development of more than 600 hectares, reported to the State Council for approval. (4) Where the state-owned barren hills, wasteland and wasteland whose land use rights have not been determined are developed for planting, forestry, animal husbandry or fishery production, they may be determined to be used by the development unit or individual for a long time with the approval of the people's government at or above the county level according to law, and the longest use period shall not exceed 50 years. Whether it is urban wasteland or rural wasteland, there is a strict approval process before development. In fact, wasteland also belongs to state or collective property. Therefore, if you want to develop wasteland, you must submit it to the relevant departments for approval. Privately developing wasteland may not only lead to the loss of a large number of state-owned assets, but also cause irreparable damage to land vegetation, and pay a heavy legal price for it.
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