The problem of occupying cultivated land is urgent.

1. The contracted land has not been requisitioned or occupied according to law: the contracted management right of land is protected by law, and no organization or individual may infringe upon it. "People's Republic of China (PRC) Rural Land Contract Law" "Article 56 If a party fails to perform its contractual obligations or fails to perform its contractual obligations, it shall be liable for breach of contract in accordance with the provisions of the People's Republic of China (PRC) Contract Law." "Article 53 Any organization or individual that infringes upon the contractor's right to contracted management of land shall bear civil liability." "Article 54 If an employer commits any of the following acts, it shall bear civil liabilities such as stopping the infringement, returning the original things, restoring the original state, removing obstacles, removing dangers and compensating for losses:

(a) interfere with the production and operation autonomy enjoyed by the contractor according to law;

(two) in violation of the provisions of this law to recover or adjust the contracted land;

(three) forcing or obstructing the contractor to transfer the right to contracted management of land;

(four) forcing the contractor to give up or change the right to contracted management of land and transfer the right to contracted management of land on the pretext that the minority is subordinate to the majority;

(five) on the grounds of dividing "ration field" and "responsibility field", the contracted land is reclaimed for bidding and contracting;

(six) to recover the contracted land to offset the arrears;

(seven) deprivation and infringement of women's right to land contractual management according to law;

(eight) other violations of the right to contracted management of land. "

If both parties sign a contract, they may require the employer to bear the liquidated damages according to the "liability for breach of contract" part of the contract. If there is no liability for breach of contract in the contract, the civil liability of the employer shall be investigated in accordance with the contract law and the land contracting law, and if there is any other infringement of the contracting right, the civil liability of the other party may be investigated.

Two, the contracted land is requisitioned and occupied according to law, the contractor has the right to obtain corresponding compensation according to law.

Article 16 of the Rural Land Contract Law of People's Republic of China (PRC) enjoys the following rights: (2) If the contracted land is requisitioned or occupied according to law, it has the right to obtain corresponding compensation according to law;

"Regulations for the Implementation of the Land Management Law of the People's Republic of China" "Article 25 After the land requisition plan is approved according to law, the people's government of the city or county where the land is requisitioned shall organize its implementation, and the land requisition authority, approval number, use, scope and area of the land requisitioned, land requisition compensation standard, agricultural personnel resettlement method and time limit for handling land requisition compensation shall be announced in the township (town) or village where the land is requisitioned.

The owner and user of the expropriated land shall, within the time limit stipulated in the announcement, go through the registration of land requisition compensation with the land ownership certificate to the land administrative department of the people's government designated in the announcement.

The land administrative department of the people's government of the city or county shall, according to the approved land acquisition plan, formulate the land acquisition compensation and resettlement plan jointly with relevant departments, make an announcement in the land-expropriated township (town) or village, and listen to the opinions of rural collective economic organizations and farmers. Compensation for land expropriation. After the resettlement plan is submitted to the municipal and county people's governments for approval, it shall be organized and implemented by the land administrative departments of the municipal and county people's governments. Disputes over compensation standards shall be settled by the local people's governments at or above the county level through coordination; If the coordination fails, it shall be decided by the people's government that approved the requisition of land. The dispute over land requisition compensation and resettlement does not affect the implementation of land requisition plan.

All land acquisition expenses shall be paid in full within 3 months from the date of approval of the land acquisition compensation and resettlement plan. "

For those who expropriate land according to law, the contractor can not only get liquidated damages according to the land contract and legal provisions, but also get compensation for expropriation. The compensation and resettlement plan for land acquisition shall be announced and the opinions of farmers shall be listened to. Disputes over the expropriation standards shall be settled by the people's governments at or above the county level through coordination. If the coordination fails, it shall be decided by the people's government that approved the land use.

3. If the contractual management right is illegally infringed, the contractor may directly file a lawsuit in the court, requiring the infringer to bear civil liability (see point 1 above for details). For illegal acts of illegal requisition and occupation of land, you can complain to the land and resources management department or the people's government and other relevant departments.

Refer to laws and regulations:

People's Republic of China (PRC) Rural Land Contract Law

Regulations on the Implementation of the Land Management Law of the People's Republic of China

Land Management Law of the People's Republic of China

Measures for announcement of land requisition

"Emergency Notice on Strictly observing Laws and Discipline and Resolutely Stopping Land Illegal Acts"

Notice on further carrying out special actions to investigate and deal with illegal land cases