Shehong Focus | illegal excavation of 27.14 mu of farmland, the police cracked the case of illegal occupation of agricultural land

2022-04-23 0 By

Grain storage and land under heaven are the basis of agricultural production. As the flood land of large grain producing counties, it is the lifeblood of farmers.However, some people pursue economic interests at the risk of ignoring the ecological environment in the illegal occupation of agricultural land seriously damage the ecological environment, resulting in the loss of land resources.Since the launch of the “Kunlun 2021” special campaign, the Public Security Bureau of Shehong City, Sichuan Province, has taken active and comprehensive measures to severely crack down on crimes of destroying land resources in accordance with the law and effectively protect land ecological security, which has achieved initial results.Since 2021, a total of five criminal cases involving illegal occupation of agricultural land have been established, five have been uncovered, and four have been transferred for investigation and prosecution, involving a total area of 103.53 mu.Case of Damaged Cultivated Land On June 29, 2021, the Public Security Bureau of Shehong City, Sichuan Province received a report that a building materials Company in Shehong City dug cultivated land in Group 5 of Taohua Mountain Village, Yangxi Town without approval.As, shoot flood the city some building materials co., LTD., to a legal person in the case of without approval, do STH without authorization in shot hong city creek, peach blossom village organization workers excavation generally arable land, a total of 27.14 mu, the occupied arable land is damaged, their behavior has violated article three hundred and forty-two of the criminal law of the People’s Republic of China, the alleged crime of illegally occupy farmland,At present to some has been transferred to review indictment according to law.Shehong Municipal Public Security Bureau will continue to practice the concept of “lucid waters and lush mountains are gold and silver mountains”, shoulder the responsibility of rectification, carry out various special rectification actions, give full play to the role of public security organs as “knives”, launch a fierce offensive against ecological crimes, and make new and greater contributions to the construction of shehong ecological civilization.Legal link ask illegal occupation of agricultural land violate what laws, what legal responsibility should be borne?According to the relevant provisions of the Criminal Law of the People’s Republic of China, whoever, in violation of the laws and regulations on land administration, illegally occupies agricultural land such as cultivated land or forest land or changes the use of the occupied land to a large extent, thus causing massive damage to cultivated land, forest land or other agricultural land, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also, or shall only, be fined.The Supreme People’s Court on the concrete application of law in trying criminal cases of destruction of land resources problem of interpretation to illegally occupy cultivated land “large quantity” and “causing huge destruction of cultivated land” also have a clear standard: illegally occupy cultivated land “large quantity”, refers to the illegal occupy basic farmland to more than five acres or illegally occupied more than ten acres of arable land rather than basic farmland.Illegally occupy cultivated land “causing huge destruction of cultivated land”, refers to the behavior person illegally occupy cultivated land to build kilns, graves, building, sand-excavating, quarrying, mining, earth-gathering, stacking solid wastes or other non-agricultural construction, account for more than 5 mu of basic farmland, or more than ten acres of arable land rather than basic farmland planting condition serious damage or serious pollution.Article 37 of the Land Administration Law of the People’s Republic of China stipulates that “it is prohibited to occupy permanent basic farmland to develop forestry and fruit industry and dig ponds to raise fish.”Article 17 of the Regulations of the People’s Republic of China on the Protection of Basic Farmland stipulates that “no unit or individual is allowed to occupy basic farmland to develop forestry and fruit industry or dig ponds to raise fish.”According to the relevant provisions of the Regulations for the Implementation of the Land Administration Law of the People’s Republic of China, those who illegally occupy permanent basic farmland to develop forestry and fruit industry or dig ponds for fish farming shall be ordered by the natural resources departments of the people’s governments at or above the county level to make corrections within a time limit;Those who fail to correct within the time limit shall be fined at a rate between two times and five times the land reclamation fee for the area occupied;Those who damage planting conditions shall be ordered, according to their functions and duties, by the departments in charge of natural resources and agriculture and rural affairs of the people’s governments at or above the county level to correct or rectify the situation within a prescribed time limit and may be concurrently imposed a fine.If the case constitutes a crime, criminal responsibility shall be investigated according to law.Source: Ping an Shehong Braided hair: Wang Huan, Li Min Supervised production: children’s ringtones contributed: 954460036@qq.com