The Supreme People's Court has issued typical cases of people's courts protecting agricultural land in accordance with law

Chinanews.com, January 10 According to the WeChat official account of the Supreme People's Court, on the 10th, the Supreme People's Court released typical cases of people's courts protecting agricultural land in accordance with the law.

These typical cases mainly present the following characteristics:

The first is to adhere to the concept of active justice and actively serve the "great man of the country" to ensure food security. The people's courts have always adhered to the concept of active justice, giving full play to their subjective initiative, not only emphasizing "grasping the end and curing the disease" through the trial of individual cases, but also paying attention to actively extending the adjudication function, actively participating in the social governance of cultivated land protection, and making every effort to "grasp the front end and treat the disease before it happens", and strive to transform the advantages of the socialist rule of law into the effectiveness of national governance. For example, in Case 5, the defendant leased more than 200 acres of cultivated land in the core demonstration area of "Tianfu Granary", but it was used to plant green seedlings, and it was also neglected to manage and become abandoned land. Case 4: A dispute over a land lease contract between a villager committee and Feng Mouhan, Weifeng Street, Yiyi District, Xi'an City, Shaanxi Province, after Feng Mouhan leased agricultural land, he was idle for a long time and neglected management, and was dug up a large amount of sand by others. Dumping garbage seriously damaged the leased land, and the people's court did not handle the case, and at the same time made a judgment to terminate the contract ahead of schedule in accordance with the law, it issued a judicial recommendation to the relevant competent departments in view of the problem of negligent management of agricultural land, and urged them to take measures to strengthen the daily management of agricultural land, strengthen the protection and publicity of cultivated land, and prevent the recurrence of illegal occupation of agricultural land.

The second is to adhere to the concept of green development, and coordinate the dialectical unity of high-quality development and high-level protection. General Secretary Xi Jinping profoundly pointed out that "high-level protection is an important support for high-quality development, and high-quality development with ecological priority and green and low-carbon development can only be achieved by relying on high-level protection." The people's courts adhere to the concept of green development, make overall plans for high-quality development and high-level protection in accordance with the law, and fully implement the concept that protecting the ecological environment is protecting productive forces, and improving the ecological environment is developing productive forces in adjudicating agricultural land cases, forming a distinct judicial leading and exemplary role. For example, in the case of Liang Moudong and others illegally occupying agricultural land, in order to increase collective income, three villager group leaders illegally contracted cultivated land to another defendant to dig ponds for fish farming, destroying more than 50 mu of basic farmland and destroying all agricultural facilities, and were sentenced to criminal punishment in accordance with the law. This case has a strong educational and warning significance for grassroots organizations such as villagers' committees and villagers' groups and their responsible persons, and it is hoped that villagers' committees and villagers' groups and their responsible persons will enhance their awareness of the law and earnestly assume the main responsibility for the protection of agricultural land. For example, in the case of Case 8, the People's Procuratorate of Jinshan District, Zhenjiang City, Jiangsu Province v. Ma Mouhua, the defendant Ma Mouhua built pig houses and road facilities on more than 10 acres of leased permanent basic farmland without approval, causing serious damage to the cultivated land. The behavior of the road is not to destroy cultivated land, to avoid damage to the healthy development of the pig breeding industry due to one-size-fits-all mechanical justice, and to effectively promote high-quality development and high-level protection complement each other and complement each other.

The third is to adhere to the concept of systematic protection and promote the construction of a new pattern of trinity protection of cultivated land quantity, quality and efficiency. The people's courts are to coordinate various forms of legal liability, such as administrative punishments, criminal sanctions, and civil compensation, persist in carrying out "all links, all elements, and all chains" of protection for agricultural land, and actively guide defendants to repair damaged land while lawfully punishing the crime of illegal occupation of agricultural land, and avoiding simply imposing a judgment and a single punishment. It not only realizes the punishment and prevention of crime, but also realizes the protection and restoration of land. For example, in the case of case 9, the People's Procuratorate of Binzhou City, Shandong Province v. Yang Mouyi and an Industrial Co., Ltd. in Shandong Province, filed a civil public interest lawsuit against the defendant who refused to perform the punishment of restoring the land to its original state made by the administrative organ, and the people's court ruled that the defendant should bear the responsibility for restoration in accordance with the law, realizing the organic connection between administrative law enforcement and civil trial and criminal trial, and finally the defendant assumed the criminal, civil and administrative responsibilities at the same time, and "paid" the full amount for his illegal occupation of agricultural land. In the case of illegal occupation of agricultural land by a certain section of the second case, the defendant used the influence of an underworld criminal organization to forcibly buy mountains and forests to engage in illegal construction, and the people's court pursued the defendant's criminal responsibility for illegally occupying agricultural land in accordance with the law, and sentenced him to 25 years imprisonment for several crimes, and at the same time ordered him to bear all the costs of restoring the conditions for the reclamation of cultivated land and forest land, declaring that "if there is a crime, it must be cracked down" and "the environment has a price, and the damage is responsible" Firm determination to systematically protect cultivated land.

Fourth, adhere to the concept of the strictest rule of law, and continuously strengthen the judicial strength of agricultural land protection. The people's courts have always adhered to the strictest system and the strictest rule of law to protect the ecological environment, insisted that the ecological red line should not be touched, and resolutely and strictly pursued legal responsibility in accordance with the law for any behavior that undermines the safety and food security of agricultural land in any place, at any time and by anyone, so that the strictest environmental resource protection system can truly "grow teeth" and build a solid judicial barrier for the protection of agricultural land in all aspects. For example, in the case of illegal occupation of agricultural land by Ji Mouhui and Li, the two defendants privately took soil and excavated sand after contracting cultivated land for sale, destroying more than 50 mu of basic farmland, which not only seriously damaged cultivated land resources and affected grain production, but also endangered ecological safety due to sand washing activities, the people's court sentenced the two defendants to a heavier punishment in accordance with law and confiscated all illegal gains. Case 6: Chen Mouyang v. Chongqing Municipal People's Government of Fuhuan Town, Qijiang District, Chongqing Municipality, in which the town government forcibly pushed the villagers' cultivated land and crops beyond the scope of land acquisition, the people's court did not accept the claim that the town government should not compensate for the land involved in the case if it did not plant crops before the illegal occupation, thus protecting the legitimate interests of the land contractor in accordance with the law. In these two cases, the people's courts have taken the strictest responsibility to protect the legitimate rights and interests of cultivated land and land contractors for illegal occupation of agricultural land and destruction of basic farmland, fully embodying the judicial attitude and policy orientation of protecting cultivated land and ensuring food security with the strictest rule of law.

Fifth, adhere to the concept of collaborative and co-governance, and continue to gather the joint force of agricultural land protection. The people's courts have strengthened the connection and cooperation with the procuratorial organs, public security organs, and administrative competent organs, actively supporting and supervising administrative law enforcement in accordance with the law, and making concerted efforts in areas such as unifying law enforcement and judicial standards, transferring case leads, enforcing land restoration, and fulfilling liability for damages, and striving to achieve a win-win situation in the substantive resolution of conflicts and disputes related to agricultural land and the governance of agricultural land protection at the source. For example, in Case 7, the Yancheng Natural Resources and Planning Bureau of Jiangsu Province v. a building materials company in Yancheng City issued an administrative penalty of returning the land to a company that illegally occupied agricultural land for construction, but the company refused to perform and defended on the grounds that the administrative penalty exceeded the time limit, and the people's court held that no matter when the illegal construction was carried out, as long as the fact of illegal occupation of the land continued, the penalty period was not exceeded, and it must be enforced in accordance with the law, and the land involved in the case was recovered and reclaimed in a timely manner. Case 10: Luoyang Railway Transport Procuratorate v. Luanchuan County Natural Resources Bureau of Henan Province for Failing to Fully Perform Its Duties Administrative Public Interest Litigation, a cooperative illegally occupied basic farmland to build a chicken farm, the procuratorate sent a procuratorial suggestion to the Bureau of Natural Resources, and the Bureau of Natural Resources issued an administrative penalty and transferred criminal clues to the public security organ, but a cooperative failed to fully perform the reclamation obligations in the administrative punishment, the Bureau of Natural Resources did not apply to the people's court for compulsory enforcement, and the procuratorate filed an administrative public interest lawsuit, and the people's court ruled that the Bureau of Natural Resources did not fully perform its duties in violation of the law, and supervised the administrative organs to perform their duties of protecting agricultural land in accordance with the law。 These two cases fully demonstrate that the people's courts support the administrative organs in enforcing the law in accordance with the law and the legal supervision of the procuratorial organs, forming a strong synergy of multiple linkages, fulfilling their responsibilities, coordinating and co-governance, and punishing the illegal and criminal acts of illegal occupation of agricultural land in accordance with the law.

As General Secretary Xi Jinping pointed out, "In the new era and new journey, the task of cultivated land protection has not been reduced, but has become more arduous." "The protection of agricultural land has a long way to go, and it requires the participation of the whole society, perseverance and long-term success. In the next step, the people's courts will continue to deeply implement Xi Jinping's ecological civilization thought and Xi Jinping's rule of law thought, adhere to the concept of active justice, green development, systematic protection, the strictest rule of law, and collaborative co-governance, properly try all kinds of cases involving agricultural land in accordance with the law, give full play to the rule guidance and value-oriented functions of the judiciary, guide the whole society to continuously improve the awareness of the rule of law in the protection of agricultural land, and provide more powerful judicial services and guarantees for the protection of land resource security, food security and ecological environment security.

Typical cases of people's courts protecting agricultural land in accordance with law

directory

1. Case of illegal occupation of agricultural land by Liang Moudong and others

2. Case of illegal occupation of agricultural land by Cheng Mouke

3. Case of illegal occupation of agricultural land by Ji Mouhui and Li

4. A dispute over a land lease contract between a villager committee and Feng Mouhan, Weifeng Street, Yiyi District, Xi'an City, Shaanxi Province

5. Case of dispute over a lease contract between four resident groups of Xiehe Community, Daoming Town, Chongzhou City, Sichuan Province and Li Mouhong

6. Chen Mouyang v. Chongqing Municipal People's Government of Fuhuan Town, Qijiang District, Administrative Compensation Case

7. Yancheng Natural Resources and Planning Bureau of Jiangsu Province and a building materials company in Yancheng City for non-litigation enforcement of land and resources

8. The People's Procuratorate of Jinshan District, Zhenjiang City, Jiangsu Province v. Ma Mouhua, a case of criminal attached civil public interest litigation

9. The People's Procuratorate of Binzhou City, Shandong Province v. Yang Mouyi and an industrial limited company in Shandong Province, a civil public interest litigation case

10. Luoyang Railway Transport Procuratorate v. Henan Province Luanchuan County Natural Resources Bureau for failing to fully perform its duties in an administrative public interest litigation case

1. Case of illegal occupation of agricultural land by Liang Moudong and others

[Basic facts of the case]

At the beginning of 2016, while serving or acting as the leader of the villagers' group of teams 1, 2, and 3 of a village committee in Dinghu District, Zhaoqing City, Guangdong Province, defendants Liang Mouyou, Liang Moubin, and Liang Mouming respectively served or acted as the leaders of the villagers' group of teams 1, 2, and 3 of a village committee, in order to increase the village's collective income, and after discussion and discussion at the villagers' meeting, it was decided to contract out the village's cultivated land to dig ponds and raise fish through public bidding. After the defendant Liang Moudong won the bid, the above three defendants signed the "Fish Pond Contracting Contract" with Liang Moudong on behalf of each villager group as the contract issuing party. After the contract was signed, without going through the relevant formalities for legal land use and lacking unified supervision by the corresponding functional departments, the defendant Liang Moudong dug fish ponds and built pig barns on the contracted cultivated land. After investigation and appraisal, the 54.53 mu of cultivated land involved in the case was planned to be used as a basic farmland protection area, and the land before the destruction was classified as paddy fields. In December 2017, defendant Liang Moudong and four others took the initiative to surrender to the public security organs, truthfully explaining the facts of the case.

【Judgment Result】

The Dinghu District People's Court of Zhaoqing City, Guangdong Province, held that the defendants Liang Mouyou, Liang Moubin, and Liang Mouming served as a village committee 1, 2, and The leader of the 3rd team of villagers' groups violated land management laws and regulations by illegally contracting a large amount of cultivated land in the village on behalf of the village collective, causing the defendant Liang Moudong to violate land management laws and regulations by digging fish ponds and building pig houses on the contracted cultivated land without going through the relevant procedures for legal land use and lacking unified supervision, illegally occupying 54.53 mu of cultivated land, changing the use of the occupied land, and the amount was relatively large, causing a large amount of agricultural land. The acts of defendants Liang Moudong, Liang Mouming, Liang Mouyou, and Liang Moubin have all constituted the crime of illegal occupation of agricultural land. In view of the fact that the four defendants voluntarily surrendered, truthfully confessed the facts of the crime in this case, and surrendered voluntarily, and all pleaded guilty and repented, they may be given a lighter punishment in accordance with law. Liang Moudong, Liang Mouming, Liang Mouyou, and Liang Moubin were sentenced to 10 to 8 months in prison and fined 50,000 yuan respectively for the crime of illegally occupying agricultural land, and suspended sentences were applied to Liang Mouyou and Liang Moubin in accordance with law.

After the verdict was announced, Liang Mouming and Liang Moudong appealed. Liang withdrew his appeal at the second-instance stage. The Intermediate People's Court of Zhaoqing City, Guangdong Province, ruled to allow Liang Mouming to withdraw his appeal, rejected the appeal of appellant Liang Moudong, and upheld the original judgment.

【Typical Significance】

This case is a typical case in which the people's court punished the leader of the villagers' group in accordance with the law for changing the use of land and destroying cultivated land in violation of land management laws and regulations in the process of land contracting. In the development of the rural economy, the issuance of land contracts and the collection of land contract fees are one of the most common ways to increase the income of village collectives and develop the rural economy. However, due to the lack of a strong sense of law, some village collectives do not follow the provisions of the land management laws and regulations to issue land contracts, arbitrarily change land uses, destroy cultivated land, and other phenomena occur from time to time, resulting in the problem of illegal occupation of agricultural land in the process of land contracting. Even for the benefit of the village collective, the village collective does not have the right to change the nature and use of the land without authorization. In this case, three villager groups of a village committee arbitrarily changed the nature and use of the land and contracted the land, and the contractor, Liang Moudong, also thought that the use of land in accordance with the contract was not an illegal or criminal act, causing Liang Moudong to use the land in violation of the nature of the land, resulting in the complete destruction of the cultivated land layer and irrigation facilities. Liang Moudong should bear the corresponding legal responsibility, Liang Mouyou, Liang Moubin, and Liang Mouming are the leaders of the villagers' group, and as the directly responsible supervisors, they should also bear the corresponding legal responsibility. The people's courts give full play to the role of adjudication functions and give criminal punishments to the four defendants in this case in accordance with law, which is of great significance for educating and warning villagers' committees, villagers' groups, and other grassroots organizations that they should issue land contracts in accordance with laws and regulations, and that villagers' committee directors and villagers' group leaders should faithfully perform their duties and give full play to their vanguard and exemplary role in cultivated land protection.

2. Case of illegal occupation of agricultural land by Cheng Mouke

[Basic facts of the case]

Beginning in 2004, the criminal organization headed by the defendant Cheng Mouke dominated one side, bullied and brutalized the masses, and successively carried out more than 20 illegal and criminal activities, causing more than 10 people to be seriously injured, slightly injured, and slightly injured, disrupting the order of economic and social life around Fuliang County, Jiangxi Province, and causing a vile social impact. During this period, Cheng Mouke used the influence of underworld criminal organizations to "forcibly buy" more than 1,700 acres of mountain forests from Xingtian villagers in Fuliang County, and privately built the Huangshakeng Villa building around 2015, hardened cement roads, excavated ponds and ancillary facilities, and illegally changed land use. After identification, Huangshakeng Villa, Xingtian Township, Fuliang County, illegally occupied 34.53 acres of agricultural land, including about 12.84 acres of cultivated land (including 1.09 acres of basic farmland), 21.09 acres of deforestation area, 0.6 acres of ditch area, 347256 yuan of destroyed agricultural land reclamation costs, and 5,800 yuan of ecological restoration plans.

【Judgment Result】

The People's Court of Leping City, Jiangxi Province, held that the defendant Cheng Mouke violated land management regulations by illegally occupying agricultural land and changing the use of occupied land, in large quantities, causing a large amount of destruction of cultivated land, forest land, and other agricultural land, and that his conduct constituted the crime of illegally occupying agricultural land. Cheng Mouke's illegal occupation of agricultural land caused the original land to lose its cultivation conditions, destroyed land resources, and harmed the public interest, and should bear civil liability for restoring land reclamation conditions. Comprehensively considering the defendant's confession, admission of guilt and acceptance of punishment, recidivism and other circumstances, Cheng was sentenced to one year and three months imprisonment and a fine of 50,000 yuan for the crime of illegally occupying agricultural land, and sentenced to 25 years imprisonment, confiscation of all personal property, and deprivation of political rights for five years. At the same time, it was decided that Cheng Mouke should pay 347256 yuan for the restoration of reclamation conditions in accordance with the ecological restoration plan made by the Jingdezhen Judicial Appraisal Center in Jiangxi Province, and at the same time bear the cost of formulating the ecological restoration plan of 5,800 yuan.

The Intermediate People's Court of Jingdezhen City, Jiangxi Province, upheld the original judgment in the second instance.

【Typical Significance】

This case is a typical case in which the people's court severely punished the crime of illegal occupation of agricultural land in accordance with the law, which is intertwined with other crimes such as gangsters and vices. In judicial practice, because the crime of illegal occupation of agricultural land involves huge interests, it is often intertwined with other crimes such as illegal mining, illegal logging, and indiscriminate felling of trees. In this case, the villagers were forced by the influence of the underworld criminal organization of the defendant Cheng Mouke to transfer their names to Cheng Mouke. Cheng Mouke privately changed the use of agricultural land, which not only caused a large amount of destruction of agricultural land, but also seriously affected the livelihood of local villagers and caused a bad social impact. The people's court pursued Cheng's criminal responsibility in accordance with law, sentenced him to 25 years imprisonment for several crimes, and ordered Cheng to bear the costs of restoring cultivated land and forest land reclamation conditions and formulating an ecological restoration plan. This case reflects the people's court's determination and effectiveness in upholding the normalization of anti-gang and anti-vice crimes, severely cracking down on crimes related to organized crime and vice in the field of land resources in accordance with the law, cutting off the "black hand" that extends to the field of land resources, and comprehensively ensuring the sustainable use of land resources and the sustainable development of agriculture.

3. Case of illegal occupation of agricultural land by Ji Mouhui and Li

[Basic facts of the case]

In 2011, in the name of building greenhouses and developing agricultural breeding, Ji Mouhui and Li contracted and replaced part of the land in a village located in Chengzitan Street, Pulandian District, Dalian City, Liaoning Province, purchased forklifts, sand washing boats and other equipment, and organized personnel to dig soil and wash sand and sell it to the outside world. In November of the same year, Ji Mouhui was ordered to replant the destroyed cultivated land and fined 900,310 yuan by the former Land and Resources Bureau of Pulandian City, Liaoning Province. After being administratively punished, Ji Mouhui and Li continued to contract and replace land from villagers and take soil for sale, causing serious damage to agricultural land. After identification, from 2011 to 2014, Ji Mouhui and Li destroyed 63.72 acres of cultivated land in the form of soil extraction, of which 54.25 acres of permanent basic farmland were excavated to a depth of 0.54 meters, and the original planting layer has been destroyed. Ji Mouhui and Li made illegal profits totaling 664,500 yuan.

【Judgment Result】

The Shahekou District People's Court of Dalian City, Liaoning Province, held that Ji Mouhui and Li violated land management laws and regulations by illegally taking soil knowing that it was cultivated land, causing a large amount of cultivated land to be destroyed, constituting the crime of illegally occupying agricultural land. Ji Mouhui was sentenced to three years and six months in prison and fined 50,000 yuan; Li was sentenced to one year and six months in prison and fined 50,000 yuan; Ji Mouhui and Li were to be recovered and handed over to the state treasury.

The Intermediate People's Court of Dalian City, Liaoning Province, upheld the original judgment in the second instance.

【Typical Significance】

This case is a typical case in which the people's court severely punished the illegal excavation of soil and sand and destruction of cultivated land after the use of a contract to transfer land in accordance with the law. In the name of building greenhouses and developing agricultural breeding, Ji Mouhui and Li Mouhui contracted and replaced a large amount of land from farmers, illegally destroyed the soil planting layer, took soil and washed sand for sale, resulting in the destruction of 54.25 mu of permanent basic farmland and huge profits, which not only seriously damaged agricultural land resources and affected grain production, but also endangered ecological safety due to sand washing activities. In light of the characteristics of this case, the people's court fully considered the serious negative impact of the case on the local area, and lawfully sentenced defendants Ji Mouhui and Li to a liberal sentence and a property penalty. This case embodies the people's court's conviction and determination to be unrelenting in its criminal acts of illegally occupying agricultural land and destroying basic farmland, and to resolutely punish them severely in accordance with the law.

4. A dispute over a land lease contract between a villager committee and Feng Mouhan, Weifeng Street, Yiyi District, Xi'an City, Shaanxi Province

[Basic facts of the case]

On March 20, 1998, an industrial limited liability company in Xi'an signed a land contract with a villager committee in Weifeng Township, Huxian County, agreeing to lease 132 acres of land in the village for planting or breeding for a period of 25 years, that is, from March 11, 1998 to March 10, 2024. On April 30, 2008, the two parties signed the Supplementary Agreement to the Land Contracting Contract, agreeing to extend the lease term by five years to March 11, 2029. On May 26, 2011, Feng Mouhan signed an Agreement with a villager committee in Weifeng Township, Huxian County, stipulating that the rights and obligations of the lessee as stipulated in the land lease contract and supplementary agreement of an industrial limited liability company in Xi'an shall be fully enjoyed and borne by Feng Mouhan. During the period of leasing the land, a large amount of construction residue and garbage was dumped on the land involved in the case many times, and due to the theft of sand and gravel, a sand pit of 28 acres and a sand pit of 5 acres were formed in the southwest corner of the land area involved in the case, and a large amount of construction waste was piled up on the land in the southeast corner, and the land was seriously damaged. The local public security organs punished the people involved. In May 2018, a villagers' committee in Weifeng Township, Huxian County, was withdrawn and merged into a villagers' committee in Weifeng Street, Yiyi District, Xi'an City, Shaanxi Province, and on July 6, 2021, the villagers' committee filed a lawsuit requesting the termination of the Land Contract Contract.

【Judgment Result】

The People's Court of Yiyi District, Xi'an City, Shaanxi Province held in the first instance that during the period when Feng Mouhan leased the land, the land involved in the case was abandoned for a long time, and from 2018 to 2021, there were long-term illegal mining of sand and gravel on the land, and a number of large sand pits were formed in the contracted land, and the land in the area was piled up by a large number of abandoned building mixtures composed of waste bricks and loess, and some of the sand pits were stolen and dug and landfilled with construction residue and garbage, and the natural ecology of the land was seriously damaged. There is a causal relationship between the long-term and repeated predatory destruction of the agricultural land involved in this case by lawbreakers, and Feng Mouhan's long-term ineffective supervision and failure to adopt effective control measures. Therefore, a judgment was made to terminate the contract involved in the case, Feng Mouhan returned 132 mu of land to the plaintiff, and the plaintiff returned the land contract fee of 94,453 yuan to Feng Mouhan. After the court of first instance made the judgment, it issued judicial recommendations to the relevant responsible entities: First, strengthen land protection. It is suggested that the care and supervision of the land under their jurisdiction should be strengthened through various measures such as arranging personnel on duty or conducting irregular inspections and encouraging the masses to make reports; second, it is necessary to intensify the publicity of the protection of land resources, and to create a good social atmosphere for the protection of land resources by hanging propaganda slogans; and third, to carry out timely recultivation and replanting of damaged land. Carry out a comprehensive investigation to see if there is still a similar situation, increase the coordination and linkage with the environmental protection department, carry out joint recultivation and replanting of sand pits, and strive to achieve rational use of land resources.

The Intermediate People's Court of Xi'an City, Shaanxi Province, rejected the appeal and upheld the original judgment in the second-instance judgment.

【Typical Significance】

This case is a typical case in which the people's court ruled to terminate the land contract in accordance with the law because the land contractor failed to fulfill its supervision and protection obligations and caused serious damage to the land ecology. Article 18 of the Rural Land Contract Law of the People's Republic of China stipulates that the contracting party shall undertake the obligation to "protect and rationally use the land in accordance with the law and shall not cause permanent damage to the land". In this case, Feng Mouhan neglected to fulfill his obligation to protect the land, resulting in serious damage to the land involved in the case. The people's court made a judgment to terminate the contract in accordance with the law, so that the contractor assumed the responsibility for breach of contract, and at the same time, conscientiously implemented the concept of active justice, actively extended judicial functions, took the initiative to issue judicial suggestions, and vigorously promoted the relevant departments to do a good job in the restoration and protection of 100 mu of land, and achieved good results. The correct handling of this case is of great significance in guiding and educating the broad masses of the people and grassroots organizations to firmly establish the concept of "everyone is responsible for the protection of cultivated land," strictly abide by the obligation of land protection, persist in the economical and intensive use of land, and constantly enhance the consciousness, enthusiasm, and initiative of land protection work.

5. Case of dispute over a lease contract between four resident groups of Xiehe Community, Daoming Town, Chongzhou City, Sichuan Province and Li Mouhong

[Basic facts of the case]

On September 30, 2010, Li Mouhong and the plaintiff signed the "Rural Land Contracting and Management Right Circulation Contract", stipulating that Li Mouhong would lease 264.9 mu of land located in the core demonstration area of "Tianfu Granary" in Chongzhou City, with a lease term of 17 years. During the performance of the contract, Li Mouhong used the land for planting landscaping trees, but due to poor management, the trees on the plot died, the land was barren and overgrown, and it was identified as abandoned land by the local agricultural and rural authorities, and it was recommended to "return the trees to farming". At the same time, Li Mouhong only paid 150,000 yuan in rent to the plaintiff, and has not paid rent since 2021. The two parties failed to negotiate for many times, and the plaintiff filed a lawsuit, demanding that Li Mouhong pay 524,508 yuan in arrears of rent and terminate the contract, and reclaim the land.

【Judgment Result】

After joint mediation, the parties voluntarily reached an agreement: terminate the land circulation contract signed by the two parties, Li Mouhong returned all the land leased under the contract, and sold the trees and other attached crops on the leased land to compensate for the rent. Under the supervision of the people's court, both parties actively performed the mediation agreement, and the land involved in the case has been fully reclaimed and recultivated, turning it into a high-quality rice field.

【Typical Significance】

This case is a typical case in which the people's court mediated and terminated the contract for the transfer of land contracting and management rights in accordance with the law, recovered the abandoned land, returned trees to the fields, and guarded the "granary of Tianfu". Abandoned land formed due to neglect of management in rural areas can easily lead to soil degradation, water pollution, and ecological damage, which seriously affects the sustainable use of cultivated land resources and the improvement of farmland production capacity. Rectifying the problem of abandonment of agricultural land in accordance with the law and promoting scientific recultivation and replanting are of great significance for strictly observing the red line of cultivated land and increasing agricultural efficiency and farmers' income. In this case, the people's court actively mediated the parties to reach an agreement, urged the defendant to return the land involved in the case, dispose of land attachments, carry out reclamation and recultivation, and helped the 100,000 mu of high-yield, stable-yield, and high-efficiency comprehensive demonstration base to recover 264.9 mu of abandoned land, which is of great significance for resolutely stopping the phenomenon of idle and wasting cultivated land, putting an end to the phenomena of "non-grain", "hoarding" and "abandonment" in disguise, promoting the protection and restoration of cultivated land, and revitalizing cultivated land resources.

6. Chen Mouyang v. Chongqing Municipal People's Government of Fuhuan Town, Qijiang District, Administrative Compensation Case

[Basic facts of the case]

On August 4, 2015, some villagers of Dongsheng Village 8 Commune of Fuhuan Town, Qijiang District, Chongqing Municipality submitted an application to the People's Government of Fuhuan Town, Qijiang District, Chongqing Municipality (hereinafter referred to as the Fuhuan Town Government), requesting that all the land and houses of Dongsheng Village 8 Commune of Fuhuan Town be expropriated and compensated and resettled in accordance with the resettlement compensation standards stipulated in the current land acquisition, demolition and resettlement policy of Qijiang District. On December 23, 2015, the Fuhuan Town Government (Party A) signed a land expropriation agreement with Group 8 (Party B) of Dongsheng Village, Fuhuan Town, agreeing that Party A will expropriate Party B's land area of 250.24 acres, including 192.64 acres of cultivated land, 33 acres of homestead and 24.6 acres of other land. On December 30, 2015, the Fuhuan Town Government (Party B) signed a land transfer agreement with Group 8 of Dongsheng Village, Fuhuan Town (Party A), and agreed that Party A would hand over 283.05 acres of land to Group 8 of Dongsheng Village, Fuhuan Town, to Party B. On November 30, 2016, the Fuhuan Town Government (Party A) signed a land delivery agreement with Group 8 (Party B) of Dongsheng Village, Fuhuan Town, stipulating that Party A would hand over the unused 122 acres of land to Party B's collective economic organization for unified management. On January 11, 2016, the Fuhuan Town Government pushed away the land and crops planted on the ground where the plaintiff Chen Mouyang was located in Group 8 of Dongsheng Village, Fuhuan Town, where he had the legal right to contract and operate, and on June 19, 2018, the forced implementation was confirmed by the people's court as illegal. On August 1, 2018, Chen Mouyang submitted an application for administrative compensation to the Fuhuan Town Government. On September 6, 2018, the Fuhuan Town Government made a decision not to compensate. Chen Mouyang was not satisfied, so he filed an administrative compensation lawsuit with the people's court.

Chen Mouyang contracted an area of 4.25 acres of rural collective land in Group 8 of Dongsheng Village, Fuhuan Town, of which 1.18 acres of land was not within the scope of land acquisition. Chen's contracted land is planted with two crops every year, rice in spring and summer, and vegetables and radishes in autumn and winter. Before 2014, Group 8 of Dongsheng Village, Fuhuan Town, belonged to the hybrid rice seed production base of Fuhuan Town, Qijiang District. After 2014, 8 groups in Dongsheng Village, Fuhuan Town, did not carry out rice seed production.

【Judgment Result】

The People's Court of Dadukou District, Chongqing Municipality held in the first instance that there was a causal relationship between the Fuhuan Town Government's illegal act of forcibly pushing Chen Mouyang to contract land in January 2016 and Chen Mouyang's failure to plant crops on the contracted land involved in the case due to the administrative violation, so he should be liable for compensation. The judgment revoked the decision not to compensate made by the Fuhuan Town Government, and the Fuhuan Town Government compensated Chen Mouyang 15,637.69 yuan.

After the verdict was announced, Chen Mouyang was dissatisfied and appealed, and the Chongqing Municipal No. 5 Intermediate People's Court rejected the appeal and upheld the original judgment in accordance with law.

【Typical Significance】

This case is a typical case in which an administrative organ illegally forcibly pushed land, and the people's court upheld the land contractor's claim for compensation for losses in accordance with the law. In this case, in terms of the compensation period, the people's court compensated for the losses incurred from the time of the forced push of the land to the time when it was returned to the collective economic organization, and established the maximum period of corresponding compensation, on the premise that the Fuhuan Town Government had not planted rice after 2014, but included the types of crops that could not be planted throughout the year, and also fully considered the future benefits that the counterparty could not plant due to the forced promotion of the contracted land; , as well as the state purchase price and the certification materials issued by the local administrative department. This case reflects the people's court's belief and determination to protect the legitimate interests of cultivated land and land contractors to the greatest extent possible, and to serve the "great power of the country" in ensuring food security.

7. Yancheng Natural Resources and Planning Bureau of Jiangsu Province and a building materials company in Yancheng City for non-litigation enforcement of land and resources

[Basic facts of the case]

On September 7, 2020, the Natural Resources and Planning Bureau of Yancheng City, Jiangsu Province (hereinafter referred to as the Yancheng Self-Planning Bureau) found that a building materials company in Yancheng City occupied 8,538 square meters (12.81 acres) of land in the second group of Chaiba Village, Nanyang Town, without approval, to stack sand and hardened cement sites and build new office buildings. After surveying and demarcation, 3,139 square meters of cultivated land, 2,242 square meters of garden land, 3,149 square meters of other agricultural land, and 8 square meters of transportation land are occupied. On November 25, 2021, the Yancheng Self-Planning Bureau issued the Yanting Land and Resources Penalty [2020] No. 40 "Administrative Penalty Decision", ordering a building materials company in Yancheng to return the illegally occupied land within 15 days and demolish the newly built buildings and other facilities on the land by itself. On February 14, 2022, the Yancheng Self-regulation Bureau mailed and served the "Reminder for the Performance of Administrative Penalty Decision" to a building materials Co., Ltd. in Yancheng, but a building materials Co., Ltd. in Yancheng City failed to perform the above obligations, so the Yancheng Self-regulation Bureau applied to the People's Court of Dongtai City, Jiangsu Province for compulsory enforcement on March 1, 2022. During the review of the case, a building materials company in Yancheng City argued that the construction of the building involved in the case was completed at the beginning of 2009, and the administrative penalty involved in the case had expired.

【Judgment Result】

After review, the People's Court of Dongtai City, Jiangsu Province, found that the facts involved in the case were clear, the main evidence was sufficient, the punishment procedures were lawful, and the laws and regulations were correct. On the issue of a building materials limited company in Yancheng City arguing that the administrative punishment involved in the case has expired. The investigation and punishment involved in the case occurred on September 7, 2020, and the first paragraph of Article 29 of the "Administrative Punishment Law of the People's Republic of China" stipulates that if the illegal conduct is not discovered within two years, no administrative punishment will be given. Except as otherwise provided by law. The time limit provided for in this paragraph is calculated from the date on which the illegal conduct occurred, but where the illegal conduct is continuous or continuous, it is calculated from the date on which the conduct ends. Even though the construction of the building involved in the case was completed at the beginning of 2009, the illegal act was in a continuous state, so the administrative penalty imposed by the Yancheng Self-regulation Bureau did not exceed the penalty period. Ruling: The administrative penalty in the "Administrative Penalty Decision" [2020] No. 40 of Yanting Land and Land Penalty [2020] is allowed to be enforced.

【Typical Significance】

This case is a typical case in which the people's court supports the administrative punishment of the administrative organ for recovering agricultural land for the illegal occupation of land that occurred very early but has been going on in accordance with the law. The land involved in the case contained a large amount of cultivated land and was illegally occupied for a long time. According to the Reply of the Supreme People's Court on How to Calculate the Statute of Limitations for Prosecution of Land Violations, the illegal occupation is in a state of continuation until the illegal state is restored to its original state. The same is true for illegal occupation of land for construction. The judgment of this case shows that whenever the land administrative department finds illegal occupation of agricultural land, as long as the illegal facts still exist, it should be punished according to law. The people's courts, by granting compulsory enforcement judgments, have strongly supported the administrative organs in investigating and punishing illegal land occupation in accordance with the law, adhered to the attitude and stance of "zero tolerance" for the indiscriminate occupation of cultivated land, and ensured the rational and effective use of land resources in accordance with the law.

8. The People's Procuratorate of Jinshan District, Zhenjiang City, Jiangsu Province v. Ma Mouhua, a case of criminal attached civil public interest litigation

[Basic facts of the case]

In May 2013, Ma Mouhua leased 33.98 acres of agricultural land for a villager group in Shangdang Town, Dantu District, Zhenjiang City, Jiangsu Province, and built pig houses, roads and other facilities on the plot without going through the land use procedures to engage in breeding industry, resulting in land destruction. After appraisal and assessment, Ma Mouhua has solidified an area of 10,925 square meters (16.39 acres), including 7,108 square meters (10.66 acres) of permanent basic farmland, and the farming conditions have been destroyed. The People's Procuratorate of Jinshan District, Zhenjiang City, Jiangsu Province, filed a civil public interest lawsuit attached to the criminal case with the Jingkou District People's Court of Zhenjiang City, Jiangsu Province, requesting: 1. Order Ma Mouhua to restore 16.39 mu of destroyed cultivated land, and if he cannot restore it by himself, bear the cost of cultivated land restoration of 319,600 yuan;

For Ma Mouhua's illegal occupation of 10.66 mu of basic farmland, the defendant Ma Mouhua was convicted of illegally occupying agricultural land and sentenced to one year and four months imprisonment and a fine of 20,000 yuan.

【Judgment Result】

The Jingkou District People's Court of Zhenjiang City, Jiangsu Province, held that Ma Mouhua violated land management regulations and destroyed land resources, and should bear the responsibility for land restoration. Judgment: 1. Ma Mouhua repaired 16.39 mu of damaged land by himself within six months after the judgment took effect, and if he could not repair it by himself, he should bear the repair cost of 319,600 yuan for the damaged land. 2. Within one month of the judgment taking effect, Ma Mouhua publicly apologized in the municipal media. Ma Mouhua was not satisfied and appealed.

The Intermediate People's Court of Zhenjiang City, Jiangsu Province, held that Ma Mouhua illegally occupied 10.66 acres of permanent basic farmland to build breeding facilities, and should dismantle the illegal construction on the permanent basic farmland and reclaim it in accordance with the law, and if Ma Mouhua could not implement it on his own, he should bear the corresponding demolition and restoration costs totaling 207891 yuan. Tsushima occupies a total of 5.73 acres of agricultural land, orchards, ditches, and fields to build breeding facilities. roads, because the relevant land is not cultivated land and does not belong to the destruction of cultivated land, some of the facts found in the original judgment are unclear, and the judgment should be partially changed: Ma Mouhua repaired 10.66 mu of destroyed permanent basic farmland on his own within six months after the judgment took effect; if he could not repair it on his own, he should bear the cost of repairing the permanent basic farmland of RMB 207891; Ma Mouhua publicly apologized in the municipal media within one month after the judgment took effect.

【Typical Significance】

In this case, the people's court correctly distinguished the nature of the different agricultural land occupied and treated it differently, which not only resolutely adhered to the red line of cultivated land, but also protected the legitimate land use needs of farmers in accordance with the law, which is a typical case of coordinating the relationship between protection and development. The trial of such cases should not only protect the red line of cultivated land in accordance with the law, but also protect the legitimate land demand for pig breeding in a realistic manner, so as to avoid damage to the healthy development of the pig breeding industry due to one-size-fits-all law enforcement. In this case, the people's court followed the principle of "taking the facts as the basis and the law as the criterion", and handled it differently according to the relevant examination and approval provisions: those who illegally occupy permanent basic farmland to build breeding facilities shall be dismantled and reclaimed; Reclamation: For those who occupy other agricultural land to build breeding facilities, which do not damage the cultivated land and the surrounding resources and environment of the farmland, and can build breeding facilities according to law through certain procedures, the parties concerned or the relevant competent authorities shall handle it according to law. The people's courts adhere to the dialectical unity between high-quality development and high-level protection, while strictly defending the ecological red line in accordance with the law, actively implement the state's policy of supporting facility agriculture, spare no effort to protect people's livelihood and development, and practice the dual legislative purpose of promoting the construction of ecological civilization and promoting sustainable economic and social development as stipulated in Article 1 of the Environmental Protection Law through refined judgments.

9. The People's Procuratorate of Binzhou City, Shandong Province v. Yang Mouyi and an industrial limited company in Shandong Province, a civil public interest litigation case

[Basic facts of the case]

On January 10, 2011, Yang Mouyi (the investor and manager of an industrial limited company in Shandong Province) signed a lease contract with the villager committee of Xizhangwang Village, an ancient town in Zhanhua District, Binzhou City, Shandong Province, for the construction of 45.21 acres of collective land in the village for the construction of factories and other projects. On August 7, 2017, the Land and Resources Bureau of Zhanhua District, Binzhou City, Shandong Province (hereinafter referred to as the Land and Resources Bureau of Zhanhua District) imposed an administrative penalty on an industrial limited company in Shandong Province and Yang Mounan (the son of Yang Mouyi and the legal representative of an industrial limited company in Shandong Province) for illegally occupying land, ordering them to demolish the buildings and other facilities on the illegally occupied land, return the illegally occupied land, restore the original appearance of the land, and give a fine, and at the same time transfer the clues of the case to the public security organs for filing and investigation. On February 7, 2018, the Land and Resources Bureau of Zhanhua District issued a "Reminder for the Performance of Administrative Penalty Decision" to an industrial limited company in Shandong Province, but an industrial limited company in Shandong Province still did not perform. Within the statutory time limit, the Land Bureau of Zhanhua District did not apply for compulsory enforcement. On May 2, 2018, the Zhanhua District People's Court of Binzhou City, Shandong Province made a criminal judgment, finding that Yang Mouyi and an industrial limited company in Shandong Province constituted the crime of illegally occupying agricultural land. Subsequently, the People's Procuratorate of Binzhou City, Shandong Province filed a civil public interest lawsuit with the Jinan Railway Transport Intermediate Court, requesting that Yang Mouyi and an industrial limited company in Shandong Province be ordered to stop the infringement, exclude the illegal occupation of buildings and facilities on the cultivated land involved in the case, and restore the land to its original state.

【Judgment Result】

The Jinan Railway Transport Intermediate People's Court held that Yang Mouyi and an industrial limited company in Shandong Province illegally occupied the cultivated land involved in the case for a long time in the form of leasing to build factories and sewage treatment facilities for production and operation without approval, causing a large amount of destruction of the cultivated land involved in the case and harming the national interests and social public interests. The procuratorate's initiation of a civil public interest lawsuit in this case complied with the provisions of the law, and was not subject to restrictions on whether the administrative organ had made an administrative penalty or taken administrative measures in advance. Judgment: 1. Yang Mouyi and an industrial limited company in Shandong Province shall immediately stop the illegal occupation of the cultivated land involved in the case, and shall demolish the buildings and facilities on the cultivated land involved in the case and repair the cultivated land involved in the case within six months from the effective date of this judgment, and shall pass the acceptance of the local administrative department after the restoration is completed; An industrial limited company in Shandong Province paid an appraisal fee of 28,400 yuan to the People's Procuratorate of Binzhou City, Shandong Province within 10 days after this judgment took effect.

The Shandong Provincial High People's Court upheld the original judgment in the second instance.

【Typical Significance】

This case is a typical case in which the perpetrator was subject to administrative punishment and criminal sanctions for illegally occupying agricultural land, and at the same time bears civil liability for demolishing illegal buildings and restoring the cultivated land involved in the case in accordance with the law when the administrative punishment decision is not fulfilled. The protection of cultivated land is the protection of food security, and the people's courts shall coordinate the application of multiple legal responsibilities to carry out "all links, all elements, and all chains" of agricultural land. In this case, after the administrative organ made an administrative penalty decision on the illegal occupation of cultivated land, it transferred the case to the judicial organ in accordance with the provisions of the mechanism for connecting administrative law enforcement and criminal justice in the field of natural resources, and investigated the criminal responsibility of the party concerned for the illegal occupation of cultivated land in accordance with the law. At the same time, the people's court supported the civil public interest litigation on ecological and environmental protection initiated by the procuratorate in accordance with the law, and ruled that the parties should immediately stop the illegal occupation of the farmland involved in the case, demolish the buildings and facilities on the illegally occupied farmland, and restore the farmland involved in the case or bear the costs of ecological restoration, reflecting the concept that the protection of farmland should focus on restoration. The people's courts are of great significance for severely cracking down on illegal and criminal occupation of cultivated land, realizing the effective restoration of damaged cultivated land, and forming an overall joint force for the protection of cultivated land resources.

10. Luoyang Railway Transport Procuratorate v. Henan Province Luanchuan County Natural Resources Bureau for failing to fully perform its duties in an administrative public interest litigation case

[Basic facts of the case]

A breeding professional cooperative in Luanchuan County illegally built a chicken farm with a total area of 9.968 acres, resulting in serious damage to the planting conditions of 8.879 acres of cultivated land (including 6.722 acres of basic farmland and 2.157 acres of general cultivated land), and the illegal construction area of 4720.17 square meters (7.08 acres). On January 18, 2022, the Natural Resources Bureau of Luanchuan County, Henan Province (hereinafter referred to as the Luanchuan County Natural Resources Bureau) issued the Notice of Order to Cease Illegal Acts and the Notice of Order to Correct Illegal Acts. On January 19, the People's Procuratorate of Luanchuan County, Henan Province, issued a procuratorial recommendation to the Luanchuan County Bureau of Natural Resources. On March 9, the Luanchuan County Bureau of Natural Resources believed that the case was suspected of a criminal offense after being entrusted with an appraisal, so it transferred the case to the Luanchuan County Public Security Bureau in Henan Province and suspended the investigation of the case. On December 8, the People's Procuratorate of Luanchuan County, Henan Province found that a breeding professional cooperative in Luanchuan County had not restored the original appearance of the land and failed to meet the planting conditions after the expiration of the administrative reconsideration and administrative litigation law. The Luanchuan County Bureau of Natural Resources did not continue to apply to the people's court for compulsory demolition of illegal buildings, nor did it take measures to restore the conditions for land planting. The Luoyang Railway Transport Procuratorate filed an administrative public interest lawsuit, requesting that the Luanchuan County Bureau of Natural Resources be ordered to fully perform its statutory duties in accordance with the law. In the course of the litigation, the Luanchuan County Bureau of Natural Resources made a corresponding administrative penalty on a breeding professional cooperative in Luanchuan County according to the results of the demarcation of "three districts and three lines", and the Luoyang Railway Transport Procuratorate changed the litigation request to confirm that the original administrative act was illegal.

【Judgment Result】

The Zhengzhou Railway Transport Court held that a professional breeding cooperative in Luanchuan County occupied cultivated land to build a chicken farm without approval, and the Luanchuan County Natural Resources Bureau suspended the investigation after transferring the case to the public security organs, and there was a problem of failing to fully perform its duties in accordance with the law. In the lawsuit, the Natural Resources Bureau of Luanchuan County imposed a corresponding administrative penalty on a breeding professional cooperative in Luanchuan County. Verdict: It is confirmed that the Luanchuan County Natural Resources Bureau's failure to fully perform its duties in accordance with the law is unlawful.

The Luanchuan County Bureau of Natural Resources did not file an appeal, and the case took effect in the first instance.

【Typical Significance】

This case is a typical case in which the people's court supervises in accordance with the law that the administrative organ shall fully perform its duty to protect cultivated land in accordance with the law. Cherishing and rationally utilizing land and conscientiously protecting cultivated land are the basic national policies of the mainland. The first paragraph of Article 67 of the Land Management Law of the People's Republic of China stipulates the duties of the competent departments of natural resources of the people's governments at or above the county level to supervise and inspect violations of land management laws and regulations. In this case, after the Luanchuan County Bureau of Natural Resources discovered that the illegal occupation of basic farmland by a professional aquaculture cooperative constituted a crime, it not only had to transfer it to the public security organ for criminal responsibility, but also continued to perform its duties, applied to the people's court for compulsory demolition of illegal buildings on the basic farmland, and urged the illegal party to perform the land reclamation obligation, or if the illegal party refused to reclaim, ordered it to pay the land reclamation fee and organize the reclamation on its behalf. After the Luanchuan County Bureau of Natural Resources transferred the case to the public security organs, it neglected to perform the above-mentioned statutory duties, resulting in the failure of land reclamation and harming the national and public interests. The procuratorate filed an administrative public interest lawsuit in accordance with the law, and the people's court ruled that the Luanchuan County Natural Resources Bureau's failure to fully perform its duties in accordance with the law was illegal, fully demonstrating the responsibility of the people's court to serve the construction of a rule of law government and supervise the administrative organs to fully perform their functions of protecting farmland safety and food security in accordance with the law.