1. The crime of illegally transferring or reselling land use rights (Article 228 of the Criminal Law of People's Republic of China (PRC)) refers to the illegal transfer or reselling of land use rights in violation of land management regulations for the purpose of making profits, and the circumstances are serious.
2. Article 228 Whoever, for the purpose of making profits, illegally transfers or resells the land use right in violation of land management regulations, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also, or shall only, be fined not less than 5% but not more than 20% of the price of illegally transferring or reselling the land use right; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined not less than 5% but not more than 20% of the price of illegal transfer or reselling of land use rights.
3. Article 231 Where a unit commits the crimes specified in Articles 221 to 230 of this section, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible shall be punished in accordance with the provisions of this section.
Crime of illegally transferring or reselling land use rights
The crime of illegally transferring or reselling land use rights (Article 228 of the Criminal Law of People's Republic of China (PRC)) refers to the illegal transfer or reselling of land use rights in violation of land management regulations for the purpose of making profits, and the circumstances are serious.
concept
The crime of illegally transferring or reselling land use rights refers to the act of illegally transferring or reselling land use rights in violation of land management regulations for the purpose of making profits, and the circumstances are serious.
clause
Article 228 Whoever, for the purpose of making profits, illegally transfers or resells the land use right in violation of land management regulations, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also, or shall only, be fined not less than 5% but not more than 20% of the price of illegally transferring or reselling the land use right; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined not less than 5% but not more than 20% of the price of illegal transfer or reselling of land use rights.
Article 231 Where a unit commits the crimes specified in Articles 221 to 230 of this section, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible shall be punished in accordance with the provisions of this section.
Article 74 of the Land Management Law, where land is bought or sold or illegally transferred in other forms, the illegal income shall be confiscated by the competent department of natural resources of the people's government at or above the county level; For those who change agricultural land into construction land without authorization in violation of the overall land use planning, dismantle the newly built buildings and other facilities on the illegally transferred land within a time limit, restore the land to its original state, and confiscate the newly built buildings and other facilities on the illegally transferred land if they conform to the overall land use planning; Can also be fined; The directly responsible person in charge and other directly responsible personnel shall be punished according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Criteria for filing a case
For the purpose of making profits, illegal transfer or reselling of land use rights in violation of land management regulations shall be investigated under any of the following circumstances:
1, illegally transferring or reselling more than five mu of basic farmland;
2, illegal transfer, reselling more than ten acres of arable land outside the basic farmland;
3, illegal transfer, reselling other land more than twenty acres;
4, the amount of illegal income in more than five hundred thousand yuan;
5, although not up to the above amount standard, but because of illegal transfer, reselling land use rights received more than two administrative penalties, and illegal transfer, reselling land;
6. Cause adverse effects.
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