Land Administration Law of the People's Republic of China. Land management law refers to the use of legal and administrative means to regulate the management activities of land property rights system and the rational use of land resources. Article 8 Urban land belongs to the state. Land in rural areas and suburban areas belongs to farmers' collectives, except for those that are owned by the state according to the law; Homestead, private plots and private hills are collectively owned by farmers. Article 9 State-owned land and land collectively owned by peasants may be designated for use by units or individuals according to law. Units and individuals that use land have the obligation to protect, manage and rationally use land. Article 10 Where the land collectively owned by peasants belongs to the village peasants according to law, it shall be managed by the village collective economic organization or the villagers' committee; Farmers who have been collectively owned by more than two rural collective economic organizations in the village shall be managed by the rural collective economic organizations or villagers' groups in the village; Farmers who have returned to their hometowns (towns) are collectively owned and managed by rural collective economic organizations in townships (towns). Article 11 Land collectively owned by peasants shall be registered and issued by the people's government at the county level to confirm ownership. If the land collectively owned by farmers is used for non-agricultural construction according to law, the people's government at the county level shall register and issue certificates to confirm the right to use the construction land. State-owned land used by units and individuals according to law shall be registered by the people's governments at or above the county level, and certificates shall be issued to confirm the right to use it; Among them, the specific registration and certification authority for state-owned land used by central state organs shall be determined by the State Council. The confirmation of ownership or use right of forest land and grassland, and the confirmation of water surface and tidal flat farming use right shall be handled in accordance with the relevant provisions of People's Republic of China (PRC) Forest Law, People's Republic of China (PRC) Grassland Law and People's Republic of China (PRC) Fisheries Law respectively. Twelfth in accordance with the law to change the ownership and use of land, it shall go through the formalities for registration of land change. Thirteenth legally registered land ownership and use rights are protected by law, and no unit or individual may infringe upon them. Article 14 The land collectively owned by peasants shall be contracted by members of the collective economic organization to engage in farming, forestry, animal husbandry and fishery production. The term of contracted operation of land is thirty years. The employer and the contractor shall conclude a contract to stipulate the rights and obligations of both parties. Farmers contracted to manage land have the obligation to protect and rationally use the land according to the purposes agreed in the contract. Farmers' right to contracted management of land is protected by law. During the term of land contract operation, if the land contracted between individual contractors is properly adjusted, it must be approved by more than two-thirds of the members of the villagers' meeting or more than two-thirds of the villagers' representatives, and reported to the administrative department of agriculture of the township (town) people's government and the people's government at the county level for approval. Fifteenth state-owned land can be contracted by units or individuals to engage in farming, forestry, animal husbandry and fishery production. Land collectively owned by farmers can be contracted by units or individuals other than the collective economic organizations to engage in farming, forestry, animal husbandry and fishery production. The employer and the contractor shall conclude a contract to stipulate the rights and obligations of both parties. The term of contracted operation of land shall be stipulated in the contract. Units and individuals contracted to operate land have the obligation to protect and rationally use the land according to the purposes agreed in the contract. If the land collectively owned by peasants is contracted by units or individuals other than the collective economic organizations, it must be agreed by more than two thirds of the members of the villagers' meeting or more than two thirds of the villagers' representatives, and reported to the township (town) people's government for approval. Sixteenth disputes over land ownership and use rights shall be settled by the parties through consultation; If negotiation fails, it shall be handled by the people's government. Disputes between units shall be handled by the people's governments at or above the county level; Disputes between individuals or between individuals and units shall be handled by people's governments at or above the county level. If a party refuses to accept the decision of the relevant people's government, it may bring a lawsuit to the people's court within 30 days from the date of receiving the notice of decision. Before the dispute over land ownership and use right is settled, neither party may change the status quo of land use.
Legal objectivity:
I. Basic Information1In July 2003, the village committee of South Liu Zhe Village, Lucheng Town, Tongzhou District, Beijing (hereinafter referred to as the village committee) signed a land lease contract with the executor Zhang, and the village committee leased the village collective land 10 mu to Zhang. Since 2005, Zhang has built a factory building on the leased land without going through the land use formalities. The executor of the application, Beijing Municipal Bureau of Land and Resources, filed an investigation on Zhang's illegal land occupation on February 8, 2007. According to the field investigation, the actual illegal occupation area of the factory building built by Zhang is 68 1 1.8 square meters (10.22 mu). On June 24, 2008, the person subjected to execution was required to make a decision on administrative punishment of land and resources against Zhang: Zhang was found to have occupied the land construction factory in South Liu Zhe Village, Lucheng Town, Tongzhou District, Beijing without obtaining the land use procedures, which violated the relevant provisions of the Land Administration Law of the People's Republic of China, and Zhang was ordered to return the illegally occupied land within 15, demolish the newly-built buildings and other facilities on the illegally occupied land, and restore the land. Zhang failed to apply for reconsideration or bring a lawsuit to the people's court within the prescribed time limit. On February 8, 2009, the Beijing Municipal Bureau of Land and Resources applied to the court for enforcement according to law. During the review of this case, the executor Zhang admitted that he had built the factory building on the basis of illegal land occupation, but claimed that he had sold the factory building to others at the end of 2007, but failed to provide evidence. Second, the trial result: the ruling allows execution. Iii. Analysis Opinions The focus of the dispute in this case is: Who should punish the Beijing Municipal Bureau of Land and Resources for illegally occupying land? One view is that the person being punished is Zhang, a builder who illegally occupies land. The reason is that the Land Management Law of the People's Republic of China stipulates that any unit or individual that needs to use land for construction must apply for the use of state-owned land according to law; Where the land occupied by construction involves the conversion of agricultural land into construction land, the examination and approval procedures for the conversion of agricultural land shall be handled. Failing to go through the relevant formalities in accordance with these regulations, the actor who illegally occupies land is the relative person punished by the land department. Another point of view is that the person who is punished is the person who actually occupies the land, on the grounds that the illegal occupier rents or sells the land and ground objects to others, and the builder who illegally occupies the land does not actually occupy the land, so he will ignore the punishment decision of the land department, and the rights and interests of the lessee or the buyer cannot be guaranteed. If there is enough evidence, the actual illegal occupier should be punished. The author agrees with the first opinion. According to the provisions of the Land Management Law, the land department has investigated and dealt with non-litigation administrative law enforcement cases of illegal land occupation. The facts of illegal land occupation identified in such cases are clear, but in reality, the relative parties involved in illegal land occupation are very complicated and diverse, which makes it more difficult for the court to review such cases. The Land Management Law does not clearly stipulate what kind of punishment should be given to those who illegally occupy construction land and the relative person. Literally, it means punishing the builders who illegally occupy land. They can rent or sell land and ground objects, but they are builders who illegally occupy land and should be punished. During the review process, it often happens that the builder who illegally occupies land claims that he has sold the above-ground objects to others and punished him for dismantling the above-ground objects and restoring them to their original state. He ignored the penalty decision, but the buyer stepped in to stop it. If the court finds the buyer as the counterpart of punishment, it indirectly recognizes the validity of the sales agreement between the parties, and judicial power replaces administrative power, which violates the purpose of the law. The author thinks that there is a civil legal relationship between the lessee or the buyer and the builder who illegally occupies land. If they think there is a loss, they can solve it through other channels. If it is found that the builders who illegally occupy land illegally transfer the land by buying, selling or other forms, the punishment in Article 73 of the Land Management Law shall apply. Now Zhang has not submitted evidence to prove his facts, and it is correct to apply to the Land and Resources Bureau of the person subjected to execution to punish Zhang. The above is the relevant content of the legal responsibility of the Law on the Administration of Illegal Land Occupation, and I hope it will help you.