In the past few days, the 6,000 acres of land in Kailu County, Inner Mongolia have frequently appeared on the hot search.
After the hustle and bustle, more and more readers began to care about the real issues behind the incident.
First of all, I am not helping Ji Yunhao speak, but just giving netizens more perspectives to think about.
To be clear, no matter who is responsible for this matter, Ji Yunhao, as the deputy secretary of the town, is like a bandit, dealing with the problem so arrogantly and domineeringly, and even directly ordering the police to forcibly "arrest" the villagers.
"What can I do if 110 comes, if I am asked to collect money, I will collect money. ”
"I'm going to do 200 people tomorrow (blocking),, my surname is your surname, do you believe it?"
As a member of the town's political and legal committee, he directly broke out the golden sentence that is famous all over the Internet: I don't know the law!
The "soil emperor" behavior of the above village cadres, Ji Yunhao was dismissed, and he was angry with the whole network, because he was to blame, and he was used to the stinky problem of arrogance and ignorance, and he had not been washed.
Ji Yunhao's matter can be said to be a certainty, but this world is not black and white.
A case does not necessarily mean that a good person must be a saint and a bad person must be a devil, in fact, in reality, most cases are problems for both parties.
Therefore, let's think about it from another angle, is there no problem with Lao Zhang in the case?
Although he spent his own money to convert 6,000 acres of grassland into cultivated land, Lao Zhang is just a villager, but he changed the nature of the land on a large scale without authorization, so he must be legal and compliant?
There is such a plot in the TV series "In the Name of the People", Gao Xiaoqin and Qi Tongwei found Mayor Tom Ding and wanted to win an industrial land with an area of 500 acres at a price of 40,000 acres.
Tom Ding said happily, you entrepreneurs come to invest in Beijing, we can't ask for it, no problem.
Subsequently, Gao Xiaoqin changed his words and said that after getting the land, he would ask Tom Ding to help adjust the nature of the land from to.
Thomding laughed.
40,000 acres of industrial land and 600,000 acres of commercial land, the nature of this land has changed, and the value of 500 acres of land has immediately changed from 20 million to 300 million.
Mr. Gao, you are really a smart businessman.
You see, is this incident in the TV series very similar to this "cadres obstructing farming".
Therefore, we will now carefully analyze the legal basis for Lao Zhang's unauthorized modification of the nature of the land, which may lead to a crime
1. Blindly changing the function of land use without permission is not scientific and does not comply with relevant national laws and regulations.
In March 2004, Zhang Wenlin, a foreign grower, contracted 6,000 acres of pasture land for 30 years, including 110 acres of cultivated land, 273 acres + 140 acres of forest land, and the rest are barren swamp meadows.
The image below is a picture of the "barren meadow" of the grassland that belonged before it was renovated
Grassland is used for grazing and arable land is used for planting, which are two completely different modes of production.
After contracting the 6,000 acres of pasture, after 20 years of hard work, the contractor transformed the forest land and grassland into irrigated land.
In 2020, when the land was adjusted to the third time, the land contracted by these people was taken aerial photography, and the nature was determined to be cultivated land, so the village notified them to pay 200 yuan per mu.
Pay attention to the words in the red box. The contracts signed by these contractors were for forest land, which they have now effectively converted into arable land.
In addition, when the village committee signed the lease contract in 2004, it clearly stipulated that the plot of land in question would be used for the construction of dairy farms and forage cultivation for livestock. This is also acknowledged by many growers interviewed previously.
In other words, it was the Zhang brothers who changed the land use agreed in the contract without authorization, resulting in a change in the nature of the subject matter of the contract.
Article 342 of the Criminal Law stipulates: "Whoever violates land management laws and regulations by illegally occupying cultivated land, forest land or other agricultural land, changing the use of the occupied land in a relatively large amount, causing a large amount of destruction of cultivated land, forest land and other agricultural land, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and/or a fine." ”
According to the relevant judicial interpretations of the Supreme People's Court, changing grassland into cultivated land without authorization is also a crime of illegal occupation of agricultural land.
There have been similar cases in Qinghai and other places, where herders have been sentenced to prison for illegally cultivating natural pastures in order to increase their income.
Article 27 of the Measures for the Circulation of Grassland Contracted Management Rights in the Inner Mongolia Autonomous Region, promulgated as early as 1999, also clearly stipulates that "those who illegally reclaim grasslands after circulation shall be punished by the animal husbandry administrative departments at or above the banner county level in accordance with the laws, regulations and rules on grassland management." ”
From this point of view, these contractors have indeed violated the law and even committed a crime by converting grassland and forest land into cultivated land without authorization.
2. Ecological impacts caused by villagers changing the nature of the land for profit
From 2014 to 2024, I will show you five satellite map changes of 6,000 acres of land in Kailu County in 10 years. The part circled in red is the Double Win Ranch.
In 2014, we can see from the satellite images that there are many dark green areas around Shuangsheng Ranch, which are the aforementioned "barren swamp meadows".
In 2017, we could clearly see a sharp decrease in the dark green areas of the satellite image, indicating that the area of grassland that has been reclaimed for arable land is large, and not only that, but the puddles below the red boxes are getting smaller and smaller.
2021。 The Shuangsheng Ranch has almost been fully reclaimed, and the fertile fields have begun to take shape.
2024。 After 20 years of reclamation, Shuangsheng Ranch has basically lost the form of barren marsh meadows, and has been replaced by patches of fertile fields separated by windbreaks.
Friends who know geography know that the climatic conditions of each region are different, and if the ecological environment of a region is changed on a large scale, it will definitely cause serious damage to the local ecosystem.
The Horqin area is arid and rainless, with an average annual precipitation of 350~450mm, which is also one of the reasons for the gradual degradation of grassland. On the one hand, meadow can conserve water sources, and at the same time, it can also play a role in wind prevention and sand fixation, which has important ecological value.
Relatively speaking, the reclamation of meadows into cultivated land can quickly bring economic benefits in the short term, but the amount of water required for cultivated land is large, so where does the water come from?
In arid areas with little rainfall, the only way to irrigate is to pump groundwater, and frequent irrigation increases evaporation and exacerbates soil salinization.
Fishing with all its might and reclaiming it for irrigation is very unfavorable to the long-term economic development of Kailu County in the long run.
In addition, Lao Zhang, a farmer, originally contracted 4,650 mu at a price of four yuan a year for one acre of land, that is, a total price of 558,000 yuan for 30 years, and now he has contracted this land to others, and he receives 700 yuan per acre, and his annual income is 3,255,000.
This is a bit similar to Lao Zhang's contracting of a large area of land at a low price, and then investing in changing the nature of the land, destroying the local ecosystem, and then subleasing the land to others to make a profit.
Can you say that Lao Zhang's "long-term investment" has no problems at all?
Lao Zhang has worked hard for this land, but it was also mentioned earlier that it is illegal to change the nature of the land on a large scale without authorization.
Of course, the state knows that it is unfair to let someone else go to jail just by changing the nature of the land.
Therefore, it is stipulated that when the use of state-owned land changes, the user of the land needs to pay the difference in price before he can continue to have the right to use the land.
The position of the local notification has been very clear: the cadres have been dismissed, but the matter of 200 yuan has not been relieved, and the villagers will solve it through litigation.
No one does not allow farmers to farm, but everything must be in accordance with the law. How can it be so good to sign a ranch contract and change the land function of the ranch without authorization?
At this moment, I just want to say that Zhang Xuefeng deserves to enjoy the Taimiao!