Illegal occupation of land is one of the most common types of land and resources violations, which refers to the illegal occupation of land for non-agricultural construction by the perpetrator without approval or by deceptive means to obtain approval. There are four main manifestations of illegal occupation:
1. Occupation of land without approval mainly refers to the illegal occupation of land by units or individuals for construction without obtaining legal land use approval documents or without going through the approval procedures for land use.
2. The use of deceptive means to obtain approval documents to occupy land construction mainly refers to the fact that although the unit or individual has obtained the land use approval procedures, the approval procedures are obtained through fraud and fraud, which does not have legality, so it is also illegal land occupation. For example, a villager already has a homestead, but conceals the situation and cooperates with the village cadre to issue a certificate that there is no homestead, and fraudulently approves the new homestead.
3. Less batch and more occupation mainly refers to the occupation of land in excess of the approved land area, and the excess occupation is illegal land occupation.
4. Other forms of illegal land occupation, such as reclaiming the land illegally approved or used in accordance with the law, and the relevant parties refuse to return it, shall be punished as illegal land occupation; Where the right to use state-owned land is recovered in accordance with law, and the parties refuse to return it; When the temporary land expires, the land is refused to be returned, or permanent buildings or structures are built on the temporary land; Reconstruction, expansion, etc. of buildings and structures that have been built before the formulation of the overall land use plan and do not conform to the purposes specified in the overall land use plan.
1. Resell the right to use land
Where land is bought, sold or illegally transferred in other forms, the competent land administration department of the people's government at the county level or above shall confiscate the illegal gains;
2. Unauthorized change of land use
Where agricultural land is changed to construction land without authorization in violation of the overall land use plan, the newly built buildings and other facilities on the illegally transferred land shall be demolished within a time limit, the land shall be restored to its original state, and the newly built buildings and other facilities on the illegally transferred land shall be confiscated if they conform to the overall land use plan; May also be fined; Directly responsible managers and other directly responsible personnel shall be given administrative sanctions in accordance with law; Where a crime is constituted, criminal responsibility is to be pursued in accordance with law.
Whoever, in violation of the provisions of the Land Management Law, occupies cultivated land to build kilns or graves, or builds houses on cultivated land without authorization, digs sand, quarries, mines, or extracts soil, destroys planting conditions, or causes desertification or salinization of land due to the development of land, shall be ordered by the competent land administration department of the people's government at the county level or above to make corrections or rectification within a time limit, and may also be fined; Where a crime is constituted, criminal responsibility is to be pursued in accordance with law.
Where rural villagers illegally occupy land to build a dwelling without approval or by deceptive means to obtain approval, the competent land administration department of the people's government at the county level or above shall order the return of the illegally occupied land and demolish the newly built houses on the illegally occupied land within a time limit.
Whoever, without authorization, transfers, or leases the right to use land collectively owned by peasants for non-agricultural construction shall be ordered by the competent land administration department of the people's government at or above the county level to make corrections within a time limit, confiscate the illegal gains, and impose a fine.
3. The land-using unit refuses to reclaim it
Where the provisions of the Land Administration Law are violated and refuse to perform the obligation of land reclamation, the competent land administration department of the people's government at the county level or above shall order corrections within a time limit; Those who fail to make corrections within the time limit shall be ordered to pay a reclamation fee, which shall be used exclusively for land reclamation, and may be fined.
4. Illegal occupation (less and more occupation, pre-occupation before approval, lease instead of levy)
Whoever illegally occupies land without approval or by fraudulent means shall be ordered by the competent land administration department of the people's government at or above the county level to return the illegally occupied land, and where agricultural land is changed to construction land without authorization in violation of the overall land use plan, the newly built buildings and other facilities on the illegally occupied land shall be demolished within a time limit and the land shall be restored to its original state, and where the land conforms to the overall land use plan, the newly built buildings and other facilities on the illegally occupied land may be confiscated and fined; Administrative sanctions shall be given in accordance with law to the directly responsible supervisors and other directly responsible personnel of the units that illegally occupy land; Where a crime is constituted, criminal responsibility is to be pursued in accordance with law.
Land occupied in excess of the approved amount (less and more occupation), and more occupied land is punished as illegal occupation of land.
Occupation before approval, small amount of occupation, and occupation in the form of renting and requisitioning are all illegal occupations.
6. Ultra vires approval
Where units or individuals without the right to approve the expropriation or use of land illegally approve the occupation of land, illegally approve the occupation of land beyond their approval authority, do not approve the use of land in accordance with the purposes determined in the overall land use plan, or approve the occupation or expropriation of land in violation of the procedures prescribed by law, their approval documents are invalid, and the directly responsible supervisors and other directly responsible personnel who illegally approve the expropriation or use of land are given administrative sanctions in accordance with law; Where a crime is constituted, criminal responsibility is to be pursued in accordance with law. Land illegally approved or used shall be recovered, and where the parties concerned refuse to return it, they shall be punished as illegally occupying the land.
Where the expropriation or use of land is illegally approved, causing losses to the parties concerned, they shall bear the liability for compensation in accordance with law.
7. Withhold compensation for land expropriation
Where the appropriation or misappropriation of compensation fees for land requisition and other related expenses of the expropriated land unit constitutes a crime, criminal responsibility shall be pursued in accordance with law; Where a crime has not yet been constituted, administrative sanctions are to be given in accordance with law.
9. Abuse of power and dereliction of duty
Where the staff of the competent land administration department derelict their duties, abuse their powers, or engage in favoritism, which constitutes a crime, criminal responsibility shall be pursued in accordance with law; Where a crime has not yet been constituted, administrative sanctions are to be given in accordance with law.
Where the above illegal conduct constitutes a crime, the case shall be transferred to the relevant organs and criminal responsibility shall be pursued in accordance with law; Where a crime has not yet been constituted, an administrative punishment shall be given in accordance with law. Where administrative punishments shall be given in accordance with the provisions of the Land Administration Law, but the competent land administration department concerned does not give an administrative punishment, the competent land administration department of the people's government at a higher level has the right to order the competent land administration department concerned to make an administrative punishment decision or directly impose an administrative punishment, and to give the responsible person of the competent land administration department administrative punishment.
There are still many manifestations of illegal occupation, and for different acts of occupation, the legal responsibilities that need to be borne by the parties are different, and there are also some cases in which the circumstances are serious and suspected of constituting criminal offenses. For example, if the relevant staff of the competent land administration department neglect their duties, favoritism, or abuse of power in the examination and approval of land and the management of their use of land, those who constitute a crime will be investigated for criminal responsibility according to the specific crime. Even if it cannot be found to constitute a crime, it will be given corresponding administrative sanctions in accordance with the law.
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