This kind of behavior violates the provisions of Article 36 of the Land Management Law of the People's Republic of China, and belongs to the illegal act of destroying cultivated land. According to the provisions of Article 74 of the Land Management Law, corresponding administrative penalties should be given. If a crime is constituted, criminal responsibility shall be investigated according to law.
Compensation standard for land damage. How to compensate for the land occupation?
According to the Land Management Law of the People's Republic of China, those who illegally approve the requisition and use of land and cause losses to the parties concerned shall be liable for compensation according to law. The infringed may demand compensation from the infringer, and the amount of compensation may be negotiated by both parties. If negotiation fails, you can bring a lawsuit to the court. Article 79 of the Land Administration Law of the People's Republic of China, if a unit or individual that has no right to approve the requisition or use of land illegally approves the occupation of land, exceeds the approval authority, fails to approve the land in accordance with the general land use plan, or violates the procedures prescribed by law, its approval document is invalid, and the directly responsible person in charge and other directly responsible personnel who illegally approve the requisition or use of land shall be punished according to law; If a crime is constituted, criminal responsibility shall be investigated according to law. The land illegally approved for use shall be recovered, and if the parties refuse to return it, it shall be punished as illegal occupation of land. Whoever illegally approves the requisition or use of land and causes losses to the parties concerned shall be liable for compensation according to law.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 36 of the Land Management Law of the People's Republic of China stipulates that non-agricultural construction must save land and land use. Those who can use wasteland shall not occupy cultivated land; Those who can use inferior land shall not occupy good land. It is forbidden to occupy cultivated land to build kilns and graves, or to build houses, dig sand, quarry, mine or borrow soil on cultivated land without authorization. It is forbidden to occupy basic farmland to develop forestry and fruit industry and dig ponds to raise fish.