Illegal occupation of cultivated land

Chapter I General Provisions Article 3 of the Land Administration Law of the People's Republic of China

It is the basic national policy of our country to cherish, make rational use of land and effectively protect cultivated land. People's governments at all levels shall take measures to comprehensively plan, strictly manage, protect and develop land resources and stop illegal occupation of land.

Chapter IV Protection of Cultivated Land Article 31 The State protects cultivated land and strictly controls the conversion of cultivated land into non-cultivated land.

The state practices a compensation system for the occupation of cultivated land. Non-agricultural construction approved the occupation of cultivated land, in accordance with the principle of "how much is occupied, how much is cultivated", the unit occupying cultivated land is responsible for reclaiming cultivated land equivalent to the quantity and quality of cultivated land occupied; If there are no conditions for reclamation or the cultivated land does not meet the requirements, the cultivated land reclamation fee shall be paid in accordance with the provisions of provinces, autonomous regions and municipalities directly under the Central Government, which shall be used exclusively for reclamation of new cultivated land.

The people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall formulate plans for the reclamation of cultivated land, supervise the units occupying cultivated land to reclaim cultivated land according to the plan or organize the reclamation of cultivated land according to the plan, and conduct inspection and acceptance.

Article 32

Local people's governments at or above the county level may require units occupying cultivated land to use the soil in the occupied cultivated land for soil improvement of newly reclaimed cultivated land, inferior land or other cultivated land.

Article 33

The people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall strictly implement the overall land use plan and the annual land use plan, and take measures to ensure that the total amount of cultivated land within their respective administrative areas does not decrease; If the total amount of cultivated land is reduced, the State Council shall order the organization to reclaim the cultivated land with the same quantity and quality as the reduced cultivated land within the prescribed time limit, and the land administrative department of the State Council shall check and accept it jointly with the agricultural administrative department. In some provinces and municipalities directly under the Central Government, due to the shortage of land reserve resources, the amount of newly-increased cultivated land is not enough to compensate for the amount of cultivated land occupied by newly-increased construction land, and it must be reported to the State Council for approval, and the amount of cultivated land within its administrative area should be reduced or exempted for ex situ reclamation.

Article 34

The state implements the system of basic farmland protection. The following cultivated land should be included in the basic farmland protection area according to the overall land use planning and strictly managed:

(a) the cultivated land in the grain, cotton and oil production base approved by the relevant competent department of the State Council or the local people's government at or above the county level;

(2) Cultivated land with good water conservancy and soil and water conservation facilities, where the transformation plan is being implemented, and low-and medium-yield fields that can be transformed;

(3) Vegetable production bases;

(4) experimental fields for agricultural scientific research and teaching;

(five) other cultivated land that should be included in the basic farmland protection areas as stipulated by the State Council.

The basic farmland designated by provinces, autonomous regions and municipalities directly under the Central Government shall account for more than 80% of the cultivated land within their respective administrative areas.

The basic farmland protection areas shall be designated by the township (town) as a unit, and shall be organized and implemented by the land administrative department of the people's government at the county level in conjunction with the agricultural administrative department at the same level.

Article 35

People's governments at all levels shall take measures to maintain irrigation and drainage facilities, improve soil, improve soil fertility and prevent land desertification, salinization, soil erosion and land pollution.

Article 36

Non-agricultural construction must save land. Those who can use wasteland shall not occupy cultivated land. Those who can use inferior land shall not occupy good land.

It is forbidden to occupy cultivated land to build kilns and graves, or to build houses, dig sand, quarry, mine or borrow soil on cultivated land without authorization.

It is forbidden to occupy basic farmland to develop forestry and fruit industry and dig ponds to raise fish.

Article 37

No unit or individual is allowed to idle or barren cultivated land. Non-agricultural construction that has gone through the examination and approval procedures occupies cultivated land and can be harvested within one year shall be recovered by the collective or individual who originally cultivated the cultivated land, or by the land-using unit; If construction has not started for more than one year, idle fees shall be paid in accordance with the provisions of provinces, autonomous regions and municipalities directly under the Central Government; If it has not been used for two consecutive years, with the approval of the original approval authority, the people's government at or above the county level shall recover the land use right of the land-using unit without compensation; Land originally owned by farmers' collectives shall be handed over to the former rural collective economic organizations to resume farming.

Idle land that has obtained the land use right of real estate development by means of transfer within the urban planning area shall be handled in accordance with the relevant provisions of the People's Republic of China (PRC) Urban Real Estate Management Law.

If a unit or individual contracted to manage cultivated land abandoned cultivated land for two consecutive years, the original contractor shall terminate the contract and recover the contracted cultivated land.

Article 38

The state encourages units and individuals to develop unused land in accordance with the overall land use planning on the premise of protecting and improving the ecological environment and preventing soil erosion and land desertification; Suitable for agricultural land development, give priority to agricultural land development.

The state protects the legitimate rights and interests of developers according to law.

Article 39

Reclamation of unused land must be scientifically demonstrated and evaluated, and it must be carried out after approval in accordance with the law within the reclaimable area designated by the overall land use plan. It is forbidden to destroy forests, grasslands and reclaim cultivated land, and it is forbidden to reclaim land around lakes and occupy floodplains.

According to the overall land use planning, for reclamation that destroys the ecological environment, returning farmland to forests, grazing and lakes in a planned and step-by-step manner.

Article 40

The development of state-owned barren hills, wasteland and wasteland for agriculture, forestry, animal husbandry and fishery production may be determined by the development unit or individual for long-term use with the approval of the people's government at or above the county level according to law.

Article 41

The state encourages land consolidation. County and township (town) people's governments shall organize rural collective economic organizations to comprehensively improve cultivated land, water, roads, forests and villages in accordance with the overall land use planning, improve the quality of cultivated land, increase the effective area of cultivated land, and improve agricultural production conditions and ecological environment.

Local people's governments at all levels should take measures to transform low-and medium-yield fields and rectify idle and abandoned land.

Article 42

Land destruction caused by excavation, collapse and occupation. Land units and individuals shall be responsible for reclamation in accordance with the relevant provisions of the state; If there are no conditions for reclamation or reclamation does not meet the requirements, land reclamation fees shall be paid to be used exclusively for land reclamation. Reclaimed land should be given priority to agriculture.

Chapter V Land for Construction

Article 43

Any unit or individual that needs to use land for construction must apply for the use of state-owned land according to law; However, the establishment of township enterprises and villagers' use of land collectively owned by farmers of the collective economic organization is approved according to law, or the use of land collectively owned by farmers is approved according to law for the construction of public facilities and public welfare undertakings in townships (towns) and villages.

The term "state-owned land applied for according to law" as mentioned in the preceding paragraph includes land owned by the state and land originally owned by farmers' collectives.

Article 44

Where the land occupied by construction involves the conversion of agricultural land into construction land, the examination and approval procedures for the conversion of agricultural land shall be handled.

Roads, pipeline projects and large-scale infrastructure construction projects approved by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, and construction projects approved by the State Council, which need to occupy land and involve the conversion of agricultural land into construction land, shall be approved by the State Council.

Within the scope of construction land for cities, villages and market towns determined by the overall land use planning, if agricultural land is converted into construction land to implement the overall land use planning, it shall be reported to the original authority that approved the overall land use planning in batches according to the annual land use plan. Within the approved scope of agricultural land conversion, the land for specific construction projects can be approved by the municipal or county people's governments.

The occupation of land by construction projects other than those specified in the second and third paragraphs of this article, which involves the conversion of agricultural land into construction land, shall be approved by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.

Article 45 The requisition of the following land shall be approved by the State Council:

(1) Basic farmland;

(2) More than 35 hectares of cultivated land other than basic farmland;

(3) More than 70 hectares of other land.

Expropriation of land beyond the provisions of the preceding paragraph shall be approved by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government and reported to the State Council for the record.

Where agricultural land is requisitioned, the approval procedures for the conversion of agricultural land shall be handled in advance in accordance with the provisions of Article 44 of this Law. Among them, the conversion of agricultural land is approved by the State Council, and the land acquisition approval procedures are handled at the same time, and the land acquisition approval is no longer handled separately; If the people's governments of provinces, autonomous regions and municipalities directly under the Central Government approve the conversion of agricultural land within the scope of land acquisition approval, they shall go through the formalities of land acquisition approval at the same time, and no longer go through the formalities of land acquisition approval separately. Beyond the approval authority of land acquisition, land acquisition approval shall be handled separately in accordance with the provisions of the first paragraph of this article.

Article 46

Land expropriation by the state shall be announced and implemented by the local people's governments at or above the county level after approval in accordance with legal procedures.

The owner and user of the expropriated land shall, within the time limit stipulated in the announcement, go through the registration of land requisition compensation with the land ownership certificate to the land administrative department of the local people's government.

Article 47 Where land is expropriated, compensation shall be given according to the original use of the expropriated land.

Compensation for requisition of cultivated land includes land compensation fee, resettlement fee and compensation fee for attachments and young crops on the ground. The land compensation fee for expropriation of cultivated land is six to ten times the average annual output value of the cultivated land in the three years before expropriation. Farmland resettlement subsidy is calculated according to the number of agricultural population to be resettled. The number of agricultural population to be resettled shall be calculated according to the number of cultivated land expropriated divided by the average number of cultivated land occupied by each expropriated unit before land expropriation. The resettlement subsidy standard for each agricultural population in need of resettlement is four to six times the average annual output value of the cultivated land in the three years before expropriation. However, the resettlement subsidy for each hectare of cultivated land to be expropriated shall not exceed fifteen times the average annual output value of the three years before expropriation.

The standards of land compensation fees and resettlement subsidies for the expropriation of other land shall be stipulated by provinces, autonomous regions and municipalities directly under the Central Government with reference to the standards of land compensation fees and resettlement subsidies for the expropriation of cultivated land.

The compensation standards for attachments and young crops on expropriated land shall be stipulated by provinces, autonomous regions and municipalities directly under the Central Government.

Requisition of vegetable fields in the suburbs of cities, land units shall pay the new vegetable field development and construction fund in accordance with the relevant provisions of the state.

If the payment of land compensation fees and resettlement subsidies in accordance with the provisions of the second paragraph of this article still fails to maintain the original living standards of farmers who need resettlement, the resettlement subsidies may be increased with the approval of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government. However, the sum of land compensation fees and resettlement subsidies shall not exceed 30 times of the average annual output value of the land in the three years before expropriation.

According to the level of social and economic development, under special circumstances, the State Council can raise the standards of cultivated land compensation and resettlement subsidies.

Article 48

After the land acquisition compensation and resettlement plan is determined, the relevant local people's governments shall make an announcement and listen to the opinions of the rural collective economic organizations and farmers whose land has been expropriated.

Article 49

Rural collective economic organizations whose land has been expropriated shall announce the revenue and expenditure of land acquisition compensation to the members of the collective economic organizations and accept supervision.

It is forbidden to occupy or misappropriate the land acquisition compensation and other related expenses of the requisitioned land units.

Article 50

Local people's governments at all levels shall support the rural collective economic organizations and farmers whose land has been expropriated to engage in development, operation and establishment of enterprises.

Article 51

Compensation standards for land requisition and resettlement measures for large and medium-sized water conservancy and hydropower projects shall be formulated separately by the State Council.

Article 52

In the feasibility study and demonstration of construction projects, the land administrative departments may, according to the overall land use planning, annual land use plan and construction land standards, review the relevant matters of construction land and put forward opinions.

Article 53

If an approved construction project requires the use of state-owned construction land, the construction unit shall submit an application for construction land to the land administrative department of the people's government at or above the county level with the relevant documents stipulated by laws and administrative regulations, which shall be reviewed by the land administrative department and reported to the people's government at the same level for approval.

Article 54

The use of state-owned land by the construction unit shall be obtained by means of paid use such as transfer; However, the following construction land, approved by the people's governments at or above the county level according to law, can be obtained by allocation:

(a) land for state organs and military use;

(two) urban infrastructure and public welfare land;

(3) Land for energy, transportation, water conservancy and other infrastructure supported by the state;

(four) other land as prescribed by laws and administrative regulations.

Article 55

Construction units that have obtained the right to use state-owned land by means of transfer and other paid use can use the land only after paying other fees such as land use fee and land use right transfer fee in accordance with the standards and measures stipulated by the State Council.

Since the implementation of this law, 30% of the paid land use fees for newly-added construction land will be turned over to the central finance, 70% will be reserved for the relevant local people's governments, and all of them will be used exclusively for cultivated land development.

Chapter VII Legal Liability

Article 78

Units or individuals that have no right to approve the expropriation and use of land illegally approve the occupation of land, illegally approve the occupation of land beyond the approval authority, fail to approve the use of land in accordance with the overall land use plan, or approve the occupation and expropriation of land in violation of the procedures prescribed by law, the approval documents are invalid, and the directly responsible person in charge and other directly responsible personnel who illegally approve the expropriation and use of land shall be given administrative sanctions according to law; If a crime is constituted, criminal responsibility shall be investigated according to law. The land illegally approved for use shall be recovered, and if the parties refuse to return it, it shall be punished as illegal occupation of land.

Whoever illegally approves the requisition or use of land and causes losses to the parties concerned shall be liable for compensation according to law.

But the land law is going to be revised!

Notice of Central the State Council on Further Strengthening Land Management and Effectively Protecting Cultivated Land

Document No.1 of the Central Committee emphasized the need to implement the strictest farmland protection system and the strictest land-saving system proposed by the Third Plenary Session of the Seventeenth Central Committee, and resolutely hold the red line of 65.438+0.8 billion mu of cultivated land. First, permanent basic farmland should be designated nationwide, strictly protected and not occupied. Moreover, basic farmland must be implemented in plots, marked on the registration certificate of land contractual management right, and a unified permanent basic farmland protection sign should be set up. It is strictly forbidden to adjust the planning and change the position of basic farmland without authorization. Second, we must implement the responsibilities at different levels, and the main responsible persons of local governments at all levels should take overall responsibility for cultivated land and basic farmland protection areas within their respective administrative areas. Carry out the annual assessment of the provincial government's responsibility target for farmland protection, and do a good job in the outgoing audit of leading cadres for farmland protection and basic farmland protection. The third is to strengthen the legal responsibility of the balance of cultivated land occupation and compensation, fully implement the principle of first compensation and then occupation, and resolutely overcome the principle of only occupying without compensation, occupying more and making less compensation, and seeking advantages and avoiding disadvantages.

Legal liability system for farmland protection Article 342 of the Criminal Law of People's Republic of China (PRC) stipulates: "Whoever illegally occupies farmland for other purposes in violation of land management regulations, resulting in massive destruction of farmland, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also or only be fined." Article 410 stipulates: "Any functionary of a state organ who engages in malpractices for personal gain, violates land management regulations, abuses his power, illegally approves the requisition or occupation of land, or illegally transfers the right to use state-owned land at a low price, if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; Those who cause particularly heavy losses to the interests of the state or the collective shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. " Laws and regulations such as People's Republic of China (PRC) Land and Land Management Law, People's Republic of China (PRC) Land and Land Management Law Implementation Regulations, and Basic Farmland Protection Regulations stipulate corresponding administrative legal responsibilities for violations of farmland protection.

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