1, the competent department of land is the local land and resources administration.
You can report to the local township land management office or to the county (district) Land and Resources Bureau. The land administrative department of the people's government at or above the county level shall order it to make corrections or governance within a time limit and may also impose a fine; If a crime is constituted, criminal responsibility shall be investigated according to law. (It is best to record the report to prevent collusion)
2 can also be reflected to the local party committees and governments (county committees and government offices);
3. You can also report to the local discipline inspection commission;
4. You can also call local TV, radio and other news media to collect evidence on the spot and supervise by public opinion.
Manifestations and legal responsibilities of destroying cultivated land
On the nature of digging ponds and selling soil:
The act of destroying cultivated land refers to the illegal act of illegally occupying or using cultivated land in violation of land management laws and regulations, which leads to the deterioration of cultivated land planting conditions, soil degradation, soil erosion, and the destruction of cultivated land quality that is not easy to recover.
First, in addition to the illegal occupation of cultivated land for non-agricultural construction leading to the destruction of cultivated land, there are generally the following six forms:
(1) occupying cultivated land to build kilns and graves, destroying planting conditions;
(2) building houses, digging sand, quarrying, mining and borrowing soil on cultivated land without approval, thus damaging the land planting conditions;
(3) illegally occupying basic farmland to build kilns, build houses, build graves, dig sand, quarry, mine, borrow soil, pile up solid wastes or engage in other activities that damage basic farmland and planting conditions;
(four) refusing to perform the obligation of land reclamation, and being ordered to make corrections within a time limit, and failing to make corrections within the time limit;
(five) the land users who temporarily occupy cultivated land for construction projects and geological exploration have not resumed planting conditions for more than 1 year since the expiration of the temporary land use;
(6) Land desertification and salinization caused by land development.
Two. Punishment for the destruction of cultivated land
1, the competent department of land and resources shall order the violator to correct or treat within a time limit; You can also impose a fine, the amount of which is less than 2 times the land reclamation fee.
2. The behavior of destroying basic farmland is slightly different from that of destroying cultivated land. First, those responsible for destroying basic farmland should restore the original planting conditions in addition to correcting or controlling them; Second, the destruction of basic farmland must be fined, and the amount of fines has a clear low limit and high limit, that is, the cultivated land reclamation fee 1 times or more and less than 2 times.
3, the destruction of cultivated land or basic farmland does not constitute a crime, should be given administrative sanctions, administrative sanctions shall be given by the supervisory organ according to law. Illegal occupation of cultivated land changes the use of the occupied land in a large amount, causing a large amount of damage to cultivated land, which constitutes a crime. He shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also or only be fined. Destruction of basic farmland is suspected to constitute a crime, and it is different from destruction of general cultivated land in sentencing.
III. Provisions of Article 342nd of China's Criminal Law and relevant laws and regulations.
Whoever, in violation of land management laws and regulations, illegally occupies cultivated land, forest land and other agricultural land, and changes the use of the occupied land in a large number, thus causing massive destruction of cultivated land, forest land and other agricultural land, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also, or shall only, be fined.
Link 1
Article 74 of the Land Administration Law
Anyone who, in violation of the provisions of this Law, occupies cultivated land to build kilns and graves, or builds houses, digs sand, quarries, mines and borrows soil on cultivated land without authorization, which damages the planting conditions, or causes land desertification and salinization due to land development, shall be ordered by the land administrative department of the people's government at or above the county level to make corrections within a time limit and may also be fined; If a crime is constituted, criminal responsibility shall be investigated according to law.
Link 2
Article 40 of the Regulations for the Implementation of the Land Management Law
If a fine is imposed in accordance with the provisions of Article 74 of the Land Management Law, the amount of the fine shall be less than 2 times of the land reclamation fee.
Link 3
Article 33 of the Regulations on the Protection of Basic Farmland
Whoever, in violation of the provisions of this Ordinance, occupies basic farmland to build kilns, build houses, build graves, dig sand, quarry, mine, borrow soil, pile solid wastes or engage in other activities that damage basic farmland and destroy planting conditions, shall be ordered by the land administrative department of the people's government at or above the county level to make corrections or governance, restore the original planting conditions, and be fined for occupying basic farmland and farmland reclamation fee 1 2 times or more; If a crime is constituted, criminal responsibility shall be investigated according to law.
Link 4
Article 3 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Criminal Cases of Destruction of Land Resources (Fa Shi [2000]14) stipulates:
Whoever, in violation of land management laws and regulations, illegally occupies cultivated land and uses it for other purposes, resulting in massive destruction of cultivated land, shall be convicted and punished for the crime of illegally occupying cultivated land in accordance with the provisions of Article 342nd of the Criminal Law:
(a) the illegal occupation of cultivated land "a large number" refers to the illegal occupation of more than five acres of basic farmland or more than ten acres of cultivated land outside the basic farmland.
(II) Illegal occupation of cultivated land "causes a great deal of damage to cultivated land" means that the actor illegally occupies cultivated land to build kilns, build graves, build houses, dig sand, quarry, mine, borrow soil, pile up solid wastes or carry out other non-agricultural construction, resulting in serious damage or pollution to the planting conditions of cultivated land above five mu of basic farmland or above ten mu of basic farmland.