In April 2007, Jiangsu Provincial Department of Land and Resources imposed a fine of1128,000 yuan on the illegal occupation of land by Xinzha Sub-district Office. The above-mentioned land has gone through the examination and approval procedures according to law. The Changzhou Municipal Commission for Discipline Inspection gave Wang Renhua (deputy department level), secretary of the Party Working Committee of Xinzha Street and director of the People's Congress Working Committee, the main person responsible for illegal land use, a warning within the party.
Analysis of this case is a case of illegal occupation of land by a street office, which mainly involves the problem that only fine punishment can replace other forms of administrative punishment.
This case is a case of illegal land occupation, with clear facts and clear subject. From the perspective of administrative punishment, it should not be difficult to apply appropriate legal provisions to punish, but the relevant departments have not handled the case in place.
Improper handling of illegal land occupation. Jiangsu Provincial Department of Land and Resources issued a decision on administrative punishment, and imposed a fine of1128,000 yuan on the illegal occupation of land by Xinzha Sub-district Office according to Article 42 of the Regulations on the Implementation of Land Management Law. However, the premise of applying this provision is the confiscation of newly built buildings and other facilities on illegally occupied land as stipulated in Article 76 of the Land Management Law. The actual situation of this case is that the "confiscation" procedure stipulated by law has evolved into "completing the examination and approval procedures according to law", and the illegal land use project covering an area of nearly 170 mu has passed the land use procedures, which is bound to make other land offenders more fearless. In the handling of this case, only the supplementary punishment has no main punishment and no legal basis.
The handling of relevant responsible personnel is lighter. In this case, Xinzha Sub-district Office destroyed the fact that 144.473 mu of cultivated land was built into an industrial plant without approval, so it can be concluded that the person in charge of the office should bear the responsibility of illegally occupying cultivated land. The Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Criminal Cases of Destruction of Land Resources explains that the amount of illegal occupation of cultivated land is relatively large as follows: those who illegally occupy more than 5 mu of basic farmland or more than 10 mu of cultivated land other than basic farmland shall be sentenced to fixed-term imprisonment of not more than 5 years or criminal detention and fined. The Changzhou Municipal Commission for Discipline Inspection only gave 1 principal responsible person a warning within the party, and the punishment was obviously light, which did not comply with the law, and it belonged to replacing criminal punishment with party discipline.