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What is the filing standard of the crime of illegally approving the requisition and occupation of land

Time: June 13, 2024 label: Land acquisition and demolition land expropriation Reading: 1434 people
Lawyer's analysis:
Regarding the crime of illegally approving the requisition and occupation of land Filing a case The standards are as follows:
The party concerned has approved the requisition or occupation of 10 mu or more of basic farmland without the approval of legal procedures;
Or the amount of cultivated land illegally approved for requisition or occupation of basic farmland has reached 30 mu or more;
Or illegally approve the requisition and occupation of other types of land of 50 mu or more;
Or the illegal approval of requisition and occupation of other types of forest land with an area of 20 mu or more constitute this crime.
Legal basis:
Article 21 of the Provisions on the Criteria for Filing Cases of Dereliction of Duty and Infringement Crimes
The crime of illegally approving the requisition and occupation of land refers to the acts of State functionaries who engage in malpractices for personal gain, violate the Land Administration Law, the Forest Law, the Grassland Law and other laws and the provisions on land administration in relevant administrative regulations, abuse their power, illegally approve the requisition and occupation of farmland, forest land and other agricultural land and other land, and the circumstances are serious. A case shall be filed if one of the following circumstances is suspected:
1. Illegally approving the requisition or occupation of more than 10 mu of basic farmland;
2. Illegally approving the requisition or occupation of more than 30 mu of cultivated land other than basic farmland;
3. Illegally approving the requisition or occupation of more than 50 mu of other land.
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If the farmers do not agree to expropriate the land, the government cannot forcibly expropriate it. The key to land expropriation is not whether farmers sign the agreement, but whether it is legal. If it is legal land acquisition, it is useless for farmers not to sign, because land acquisition is a national act, a municipal and county government

If such buildings are indeed built in violation of the law, the relevant administrative authorities have the right to forcibly dismantle them. However, if someone carries out activities such as building brick kilns, houses, graves, mining minerals, earth and rock resources, and fertilizing in basic farmland without permission

Laws and regulations do not clearly stipulate the duration of the land acquisition process. However, it is recommended to make public announcement at least 30 days after the collection is completed. The land acquisition process mainly includes project approval and land acquisition implementation. In China, people at the county level or above usually

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  • Whether the government has the right to force land acquisition

     Legal Advisor

    Legal Advisor

    Our country's laws give the government the power to impose land requisition under the demand of public interests, on the premise of following the legal procedures and ensuring that the procedures are legal. This includes transforming collective land into state-owned land, providing fair compensation and resettlement for affected rural collectives and villagers, and emphasizing the expropriation of ownership change.

    Views: one thousand three hundred and thirty 2024-06-23
  • Whether the state can forcibly expropriate land

     Legal Advisor

    Legal Advisor

    According to the Land Administration Law of China, the expropriation of basic farmland needs special approval from the State Council; The demolition and requisition of more than 35 hectares of cultivated land and a total of more than 70 hectares of land need the approval of the State Council. The local government shall be responsible for the requisition of general cultivated land and non-agricultural land, but it must report to the State Council for the record and go through the corresponding procedures. The conversion of agricultural land needs to go through the examination and approval of agricultural land conversion first. The national approval does not need to repeat the examination and approval. The provincial approval of agricultural land conversion still needs the examination and approval of land acquisition.

    Views: eight hundred and four 2024-06-21
  • What is the conviction standard of the crime of illegal occupation of farmland

     Legal Advisor

    Legal Advisor

    According to the laws and regulations, China's criteria for filing and investigation of illegally approved land occupation involve illegally approved requisition/occupation of basic farmland>10 mu, farmland other than cultivated land>30 mu, other land>50 mu, or economic losses of more than 300000 yuan. If a member of a State organ abuses his power and illegally approves land, if the circumstances are serious, he may be sentenced to imprisonment of not more than three years, and if the circumstances are flagrant, the term of imprisonment will be aggravated. Criteria for filing of illegal land occupation: Violating land laws and regulations, occupying a large amount of cultivated land and seriously destroying it, which constitutes the crime of illegal occupation of cultivated land.

    Views: one thousand four hundred and seventy-nine 2024-06-21
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  • Can land loss insurance and employee insurance be combined

    1957 people reading

    Land loss insurance and employee insurance can be combined. After the integration of the two, the security of land requisitioned farmers can be converted into the payment period of employee pension insurance, and the medical pooling for serious diseases can be converted into the medical insurance period. When the retirement age is reached, the total payment period determines the treatment. Less than 15 years can be supplemented or transferred to the new rural insurance/urban residential insurance. The medical insurance can be paid in a lump sum and enjoy the medical insurance benefits of employees.

  • Is there a standard for compensation for rural collective land expropriation

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    There are clear standards for compensation for rural collective land expropriation. The compensation principle is to make reasonable compensation according to the original use of land, including land compensation, resettlement subsidies, and compensation for attachments and young crops on the ground. At the same time, it will provide social security for farmers who have been expropriated. These standards aim to ensure that the rights and interests of farmers are not damaged and that they are treated fairly in the process of urbanization.

  • Whether it is illegal to plant crops on the expropriated land

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    It is illegal to cultivate crops on the land that has been requisitioned. According to the Land Administration Law of the People's Republic of China, citizens or legal persons who have been expropriated must comply with the relevant provisions, and they are prohibited from seizing, planting and other acts. Violation of regulations will be punished by law. Therefore, it is illegal to plant crops on the land within the scope of expropriation. Relevant laws and regulations must be observed to avoid illegal operations.

  • Can greenhouses be built on basic farmland for vegetables

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    In principle, vegetable greenhouses shall not be built on basic farmland, because agricultural facilities shall not occupy basic farmland according to law. Both greenhouses and supporting nursing houses are regarded as facility agricultural land, and construction on basic farmland is prohibited. However, the construction of greenhouses and other facilities that do not directly interfere with farming on basic farmland is permitted by law.

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