Legal analysis
According to the relevant laws and regulations, if the land is illegally occupied or unreasonable, you can bring a lawsuit. The specific process of rural land litigation is as follows: fully collect and prepare evidence beneficial to oneself, such as rural land contractual management right certificate, land distribution record, witness testimony, etc. Villagers' committees and towns can mediate, and the mediated documents, records and certificates can be used as litigation evidence. You need to go to the rural land dispute arbitration institution for arbitration first. Such institutions are generally located in county rural economic work management stations, referred to as agricultural economic stations. If negotiation and mediation fail, they will go to court to file a civil complaint. If you need the help of a lawyer, you can go to the local judicial bureau to find a legal aid lawyer, who will represent you for free. You will be informed to pay the legal fees after filing the case, and then you will wait for the trial. Illegal occupation of land use rights, criminal responsibility shall be investigated according to law, and the occupied land shall be punished as illegal occupation of land. Violation of the overall land use planning, unauthorized conversion of agricultural land into construction land, illegal occupation of land; The directly responsible person in charge and other directly responsible personnel who illegally occupy land demolish new buildings and other facilities on the illegally occupied land within a time limit in accordance with the overall land use plan without approval or by deception, and may also be fined, given administrative sanctions according to law and restored to the original state of the land.
legal ground
Article 76 of the Land Management Law of the People's Republic of China violates the provisions of this law and refuses to perform the obligation of land reclamation, and the competent department of natural resources of the people's government at or above the county level shall order it to make corrections within a time limit; If no correction is made within the time limit, it shall be ordered to pay the reclamation fee, which shall be used exclusively for land reclamation, and may also be fined.
Article 342 of the Criminal Law of People's Republic of China (PRC) * * * violates the regulations on land management, illegally occupies cultivated land, forest land and other agricultural land, and changes the use of the occupied land in a large number, resulting in the massive destruction of cultivated land, forest land and other agricultural land, and shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also or shall only be fined. Article 342-1 Whoever, in violation of laws and regulations on the administration of nature reserves, engages in reclamation, development activities or builds buildings in national parks or national nature reserves, thus causing serious consequences or other vile circumstances, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also, or shall only, be fined. Whoever commits the acts mentioned in the preceding paragraph and constitutes other crimes shall be convicted and punished in accordance with the provisions of heavier punishment.