Article 2 of the Land Management Law of the People's Republic of China stipulates that no unit or individual may occupy, trade or illegally transfer land in other forms.
Article 73 of the Land Administration Law of the People's Republic of China stipulates that if land is bought, sold or illegally transferred in other forms, the illegal income shall be confiscated by the land administrative department of the people's government at or above the county level;
In violation of the overall land use planning, unauthorized conversion of agricultural land into construction land, new buildings and other facilities on illegally transferred land shall be demolished within a time limit.
Restore the land to its original state, and confiscate the newly built buildings and other facilities that conform to the overall land use planning on the illegally transferred land.
Can also be fined; The directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
At the same time, Article 38 of the Regulations for the Implementation of the Land Administration Law of the People's Republic of China also stipulates that if a fine is imposed in accordance with the provisions of Article 73 of the Land Administration Law, the amount of the fine shall be less than 50% of the illegal income.
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There is an urgent need to seriously investigate the responsibility of curbing illegal land transfer.
Article 63 of the Land Management Law stipulates that the land use right collectively owned by farmers shall not be sold, transferred or leased for non-agricultural construction.
However, in some places, the situation of illegal land sales by village cadres is more serious.
In a series of cases of illegal transfer of land use rights and bribery cases of non-state staff uncovered by the Public Security Bureau of Hengfeng County, Jiangxi Province, many village cadres involved not only sold village collective land without authorization, but also embezzled land transfer fees and took the initiative to ask for bribes.
I don't even know that my behavior has been suspected of committing a crime. The report quoted the police investigating the case as saying that the village cadres involved "didn't realize at first that they illegally transferred land use rights and were suspected of violating the law".
In addition, it is reported that a village committee in Minhou County, Fujian Province occupied 32. 17 mu of cultivated land for leveling without the approval of relevant departments.
Then, the land use right of 28 mu of the above 32. 17 mu of land was sold to 58 villagers in the village at the price of 20 yuan, 200 yuan and 500 yuan per square meter, and a receipt was issued in the name of temporary land compensation and land acquisition.
The amount of illegal transactions reached 3.3738 million yuan. Minhou County Bureau of Land and Resources intervened in the investigation, believing that the village committee was suspected of illegally transferring or reselling land use rights, and transferred relevant evidence materials to the county public security bureau, which has filed a case for investigation.
The illegal sale and occupation of land by village cadres has attracted the attention of the local government.
For example, dengzhou city Gedong Town People's Government issued the "Notice on Strictly Implementing the Responsibility System of Village Group Cadres in Combating Illegal Land Occupation and Letters and Visits" on April 24, 20 15, according to the principle of "responsibility for soil conservation, territorial management, and whoever is in charge is responsible"
The secretary and director of the Party branch of each village (community) are the first responsible persons. We should strengthen our sense of responsibility, earnestly perform our duties, and effectively solve the problems of illegal land occupation, illegal construction and letters and visits in the bud.
The contents of the above notice are published on the official website of dengzhou city Municipal Government.
The notice pointed out that if village cadres illegally occupy land or construct, they should implement "three stops and one case", that is, stop their posts, stop work and stop paying wages, and then deal with them. Those who meet the conditions for filing a case shall be investigated and dealt with by the law enforcement and discipline departments.
Gedong Town People's Government of dengzhou city issued a circular to crack down on illegal land occupation by village cadres, but Gedong Town People's Government itself was accused of illegal land sales.
Article 1 1 of the Urban Real Estate Management Law stipulates that the transfer of land use rights shall be carried out by the municipal and county people's governments in a planned and step-by-step manner.
The land management department of the people's government of the city or county shall, jointly with the urban planning, construction and real estate management departments, make plans for the use, life and other conditions of each plot.
According to the regulations of the State Council, the land management department of the people's government of the city or county shall report it to the people's government with the right of approval before implementation. Wu Zijun, a partner lawyer of Beijing Yun Sheng Law Firm, believes that according to this regulation, the township (town) government has no right to transfer land.
Article 78 of the Land Management Law stipulates that units or individuals that have no right to approve the requisition and use of land illegally approve the occupation of land, and illegally approve the occupation of land beyond the approval authority.
The approval document is invalid if the land is not approved for the purposes determined in the overall land use planning, or if the land is occupied or requisitioned in violation of the procedures prescribed by law.
People's Network-Serious accountability is urgently needed to curb illegal land transfer.