Thirty-sixth non-agricultural construction must save land. 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.
Article 37 No unit or individual may idle or desert cultivated land.
Article 13 of the Rural Land Contract Law allows the employer to enjoy the following rights:
(1) contracting rural land owned by collectives or owned by the state and used by collectives according to law;
(two) to supervise the contractor to use and protect the land reasonably according to the purposes agreed in the contract;
(three) to stop the contractor from destroying the contracted land and agricultural resources;
(4) Other rights stipulated by laws and administrative regulations.
Article 17 The contractor shall undertake the following obligations:
(a) to maintain the agricultural use of land, and shall not be used for non-agricultural construction;
(two) the protection and rational use of land according to law, and shall not cause permanent damage to the land;
(3) Other obligations stipulated by laws and administrative regulations.
Article 56 If a party fails to perform its contractual obligations or does not conform to the contract, it shall be liable for breach of contract in accordance with the Contract Law of People's Republic of China (PRC).
Article 60 If a contractor illegally uses the contracted land for non-agricultural construction, it shall be punished by the relevant administrative departments of the local people's governments at or above the county level according to law.
If the contractor causes permanent damage to the contracted land, the employer shall have the right to stop it and demand the contractor to compensate for the resulting losses.
Article 3 of the Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Laws in the Trial of Criminal Cases of Destruction of Land Resources violates land management regulations and illegally occupies cultivated land for other purposes, resulting in massive destruction of cultivated land. In accordance with the provisions of Article 342nd of the Criminal Law, he was convicted and punished for the crime of illegally occupying cultivated land:
(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.
Measures for the investigation and punishment of illegal land cases:
Article 12 The land administration department of the people's government at a higher level may, when necessary, urge the land administration department of the people's government at a higher level to handle cases of illegal land transfer for investigation. If the land administration department of the people's government at a higher level finds that the land administration department of the people's government at a lower level fails to investigate and deal with illegal land cases under its jurisdiction according to law or fails to investigate and deal with them in a timely manner, it may issue a Notice on the Investigation and Supervision of Illegal Land Cases, and if necessary, it may investigate and deal with them by itself according to law.
Seventeenth cases of illegal land in accordance with the following conditions, the land management department shall put on record:
(a) there is a clear actor;
(two) the fact that there are violations of land laws and regulations;
(three) in accordance with the provisions of land laws and regulations should be investigated for legal responsibility;
(four) within the jurisdiction and responsibility of the department.
"Land violations investigation and filing standards":
Third, the destruction of cultivated land.
(a) the occupation of cultivated land to build kilns and graves, destroying the planting conditions;
(two) without approval, building, dredging, quarrying, mining, soil, etc. Unauthorized occupation of cultivated land and destruction of 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;
Penalties for violations of land management laws and regulations;
Article 3 In case of any of the following acts, the principal leaders and other responsible leaders of the local people's governments at or above the county level shall be given a warning or demerit; If the circumstances are serious, give a demerit or demotion; If the circumstances are serious, he shall be dismissed from his post:
(a) land management disorder, resulting in illegal occupation of cultivated land within their respective administrative areas accounted for more than 15% of the total cultivated land occupied by new construction land in one year, or although it did not reach 15%, it caused adverse effects or other serious consequences;
(two) the occurrence of illegal land cases causing serious consequences;
(three) do not stop or organize the investigation of violations of land management laws and regulations;
(four) in violation of the provisions of land management, not to report, not to check.
The Supreme People's Court's explanation on the application of law in the trial of rural land contract disputes.
Article 8 If a contractor uses the contracted land for non-agricultural construction or causes permanent damage to the contracted land in violation of Article 17 of the Rural Land Contract Law, the employer requests the contractor to stop the infringement, restore the original state or compensate for the losses, which shall be supported.
According to the above laws and regulations, as the employer, you have the right to stop the illegal behavior of the contractor. At the same time, we suggest that you strongly urge the local county-level land and resources department to stop it, otherwise you can file an administrative lawsuit against it or report it to the municipal and provincial land and resources law enforcement and supervision bureaus, and demand that the administrative inaction of the county-level land and resources department be stopped and investigated as soon as possible. You've started a lawsuit now. According to Article 8 of the Supreme Law, which I finally provided for your reference, your appeal should be supported by the court, and it is important to have sufficient evidence.